1
Course guide International Criminal Law 15 credits
Autumn 2017
This course guide has been adapted to the standard format at SU
Updated 11 November 2017 by Mark Klamberg
Please check the course website daily for updated information
Welcome to the course
1 Aim of the course 2
11 Content and purpose 2
111 Overarching aim of the course 2
112 General structure of the course 2
113 Expectations 2
12 Instruction 2
2 Structure of the course 3
21 Structure of the course and alignment to expectations 3
22 Detailed structure of the course 4
23 Oral and written exercises 6
24 Mandatory elements 6
25 International and comparative elements 7
26 Interaction with surrounding society 7
27 Relation to other courses 7
28 Course literature and source material 7
29 Optional reading 8
210 Preparations for teaching 8
3 Assignments and examination 9
31 General 9
311 Examination 9
312 Citation 10
313 Sources 13
314 How papers and motions will be evaluated 15
32 Seminars with tutorials 18
33 Moot court 19
34 Individual essay 19
341 Topic of the individual essay 19
342 What the individual essay should contain 20
343 Length of the paper 22
344 Submission of the paper 22
35 Written examination 22
4 Contact information 23
2
1 Aim of the course
After the course a student should be able to
11 Content and purpose 111 Overarching aim of the course
The goal of the course is to provide students with the opportunity to gain deeper
insight in the area of international criminal law
112 General structure of the course
The course is divided into six parts i) introduction ii) international crimes iii)
courts tribunals and implementation iv) international criminal procedure and v)
general principles of international criminal law and vi) The course ends with a moot
court exercise
Parts 2-5 consists of lectures and seminars Each part takes one week the weeks starts
with one lecture which gives an overview of the area followed by two seminars
within the same area which aim to provide in-depth learning with high participation
of the students which requires preparation of all students for all seminars
As you will see in section 311 of this course guide the examination is divided into a
moot court with an oral hearing and two written exercises an individual essay and a
written exam
See further section 2 of this course guide
113 Expectations
After the course a student should be able to
identify legal issues relevant for the subject fields of the course
identify non-legal factors that contribute to adoption of the legal norms
discussed during the course
apply the legal rules dealt with during the course
conduct an inquiry in one of the subject fields of the course and present the
result in written as well as in verbal form
12 Instruction
Teaching is carried out in the form of lectures with discussions Students are
expected to have studied the relevant materials of the course ahead of each lecture at
least in a cursory manner Student activity is important for the success of the course
Different types of instructions are used for the purpose of enhancing different skills
The lectures with discussion should assist student in understanding basic concepts
3
The moot court will test the studentrsquos knowledge of the substance of international
criminal law and its various procedures but more importantly it should enhance
the studentrsquos ability to creatively use this knowledge The individual essay should
develop the studentrsquos ability to connect knowledge of the substance and procedure of
international law with critical thinking The written exam will test and develop the
studentrsquos knowledge of the substantive and procedural rules involved as well as the
ability to identify legal problems and apply the rules
Slides or notes used by a lecturer will in general be posted on the web site
Please note that that introduction to the course seminar with President de
Gurmendi and participation in the moot court with related written exercises are
mandatory Active attendance on seminars with tutorials (see section 32) each
gives an additional 2 points per seminar
2 Structure of the course
21 Structure of the course and alignment to expectations
The teaching and examination are aligned to the expectations (laumlrandemaringl) as listed
in the curriculum (kursplan) and section 113 as follows
bull identify legal issues relevant for the subject fields of the course
Teaching The lectures will give an overview of international criminal
law as well as some of the key legal problems in the area
Examination the students need to identify legal problems in
international criminal law when they do the moot court individual essay
and written exam
bull identify non-legal factors that contribute to adoption of the legal norms
discussed during the course
Teaching The seminarlectures on ldquoThe historical background of the ad
hoc tribunalsrdquo ldquoFilmshow the formation of an International Crimerdquo and
ldquoOther Internationally Monmitored tribunalsrdquo focus on extra-legal
factors
Examination the students are instructed to consider and discuss extra-
legal factors during the individual essay
4
bull apply the legal rules dealt with during the course
Teaching lectures in the parts ldquocrimesrdquo ldquogeneral principles of ICLrdquo
ldquointernational criminal procedurerdquo will provide an overview on how
substantial norms are applied in different contexts
Examination the students will apply ICL norms in the moot court (oral
hearing and written motions) and in the written exam
bull conduct an inquiry in one of the subject fields of the course and present
the result in written as well as in verbal form
Teaching the lectures ldquolegal toolsrdquo and ldquodrafting essays and motionsrdquo
together with the other lectures will provide the students with tools on
how to conduct an inquiry in the field
Examination Examination the students will conduct an ICL inquiry
when writing their individual essay and during the moot court (oral
hearing and written motions)
22 Detailed structure of the course
The table below is thematic not necessarily chronological and displays the structure
of the course and how the various lectures and exercises fit into one another Please
note that this is not the definite schedule the schedule is posted on the website and
may be subject to change
Subject Teacher Textbook Other
PART I Introduction
Introduction -
Compulsory for all
students
Mark
Klamberg
Ch 1-2
Jurisdictional immunity Nikola Hajdin Ch 3 21 CLICC Articles 5 11-13 17
5
complementarity 27 and 98
PART II International Crimes
Lecture International
Crimes including mens
rea
state responsibility and
non core crimes
Nikola Hajdin Ch 13
p 381-384
p 17 590
Ch 14
CLICC Article 5 8 bis 8 ter
15 bis 15 ter 25(4) 30
See seminar 8
Seminar 1 War Crimes
and IHL
Nikola Hajdin Ch 12
Tutorial
CLICC Article 8
Seminar 2 Crimes
against humanity and
Genocide
Nikola Hajdin Ch 10+11
Tutorial
CLICC Articles 6 and 7
PART III Courts tribunals and implementation
Lecture The Historical
Background
Mats Deland Ch 6
Seminar 3 The case of
Nuremberg
Mats Deland Ch 6
Tutorial
Lecture Other
Internationally
Monitored Tribunals -
Sierra Leone and
Cambodia
Hans Corell Ch 9
Seminar 4 Interstate
Cooperation +
transnational crimes
Damon Barett Ch 5
Tutorial
cf Ch 20
cf CLICC Part IX of the
Rome Statute
Lecture ICTY Barbara Goy Ch 72
Lecture Experiences
from Rwanda Tribunal
(ICTR)
Lennart
Aspegren
Ch 73
Lecture Drafting of the
Rome Statute
Siliva
Fernaacutendez de
Gurmendi
Ch 8
PART IV international criminal procedure
Lecture ICC Nikola Hajdin Ch 8 CLICC Parts IV XI and XII
of the Rome Statute
Seminar 5 Fundamental
feature and General
Principle of International
Trials + disclosure
Mark
Klamberg
Ch 17
Tutorial
CLICC Parts V- VIII of the
Rome Statute
Seminar 6 Protection of
Victims their
Mark
Klamberg
Ch 18
Tutorial
CLICC article 68
6
Participation in the
Proceeding and
Reparations
PART V General principles of international criminal law and general matters
Lecture Command
Responsibility
Barbara Goy Ch 157 CLICC Article 28
Seminar 7 Modes of
Participation
Barbara Goy Ch 151-156
Tutorial
CLICC Article 25
Seminar 8 Grounds for
excluding Criminal
Responsibility + mens
rea
Nikola Hajdin Ch 16
p 381-384
CLICC Articles 30-33
Seminar 9 Prosecutorial
Strategies
Complementary Peace
vs Justice
Nikola Hajdin Ch 175 22
pp 40-41
Tutorial
CLICC Articles 16 and 17
53
Seminar 10 Scholarly
and Critical Approaches
to International Criminal
Justice
Mark
Klamberg
Ch 24 23
Tutorial
CLICC Articles 30-33
PART VI Moot court and examination
Introduction to moot
court
Nikola Hajdin Moot court material
Moot court RPE
Drafting individual
essays and motions plus
legal tools
Mark
Klamberg
Course guide chapter 3
CLICC
Oral advocacy for the
moot court
Barbara Goy
Moot court Mark
Klamberg
Johan
Hirschfeldt
Essay
Exam
23 Oral and written exercises
See below section 3
24 Mandatory elements
Please note that that introduction to the course seminar with President de
Gurmendi and participation in the moot court with related written exercises are
7
mandatory Active attendance on seminars with tutorials (see section 32) each
gives an additional 2 point
25 International and comparative elements
All of the elements are international There are elements of comparative law when
dealing with criminalized acts modes of participation general principles of criminal
law and criminal procedure
26 Interaction with surrounding society
The course continuously deals with political social and economical issues related to
international criminal justice not least when the students writes individual essays
focused on a chosen problem Several of the lectures have lengthy practical
experience which is shared with the students
27 Relation to other courses
This is one of the specialized and advanced courses which are offered to exchange
students and Swedish students during the end of the law programme The course
connects to previous courses in the law programme such as Criminal Law (straffraumltt)
Procedural Law (processeraumltt) and Public International Law (folkraumltt)
The course may from Autumn 2016 be part of the study year (studiearingr) ldquoPublic
International Law and the Individualrdquo (Folkraumltten och individen) which includes two
specialized courses and a thesis (30 credits) The specialized courses consists of
Human Rights in a Global Perspectiverdquo (15 credits) and rdquoInternational Criminal
Lawrdquo (15 credits) Nota bene this study year is only available for students who are
registered and writing their final thesis within the law programme (45 years) at
Stockholm University
28 Course literature and source material
- Cryer Robert Friman Haringkan Robinson Darryl amp Wilmshurst Elizabeth An
Introduction to International Criminal Law and Procedure Cambridge University
Press Cambridge third edition 2014
- International Criminal Law- Selected Documents
Commentary on the Law of the ICC available at httpwwwcmn-khorgCLICC
Course literature is available at Juristernas bokhandel but only to a limited extent
8
29 Optional reading
Power and Law in International Society International relations as the Sociology of
International Law Mark Klamberg Routledge 2015 182 pp chapters 1 2 and 6
available as e-book through the Stockholm University Library website
210 Preparations for teaching
Teaching and learning in this course is 1) partly carried out in the form of traditional
lectures with discussions and 2) partly pursuant to problem based learning (PBL)
For the traditional lectures students are expected to have studied the relevant
materials of the course ahead of each lecture at least in a cursory manner This is the
traditional lecture-textbook method Any slides or notes used by a lecturer will be
posted on the web site For readings instructions please see above section 2 The
table under 22 contains detailed references to the literature and source material for
each lectureseminar
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
PBL is a student-centered pedagogy in which students learn about a subject through
the experience of problem solving and high degree of participation With traditional
learning teachers can arguably teach 1) knowledge and 2) comprehension PBL help
students to move up the ladder of more advance types of learning such as 3)
application 4) analysis 5) synthesis and 6) evaluation The PBL method is sometimes
called the case method This explained by the fact that the PBL method may often
9
include reading adjudicated cases However the problem method is different in the
sense that it is not based solely adjudicated cases but on cases created specifically for
this purpose Each case contains raw facts which the students study solve and
discuss in class PBL in this course consists of writing motions and participating in an
oral moot court Participation in the moot court is mandatory
3 Assignments and examination
31 General
311 Examination
The course is examined through the moot court with two written exercise an
individual essay and a written exam
Please note that the grading is anonymous as far as possible Each student will
receive a code to be used on individual written assignments
The maximum score is as follows
Individual paper 20 pts
Moot court
Motion 1 10 pts
Motion 2 10 pts
Oral presentation 5 pts
Tutorials
Memo 10 pts
Active participation 10 pts
Written exam 35 pts
TOTAL 100 pts
Swedish grade
AB= 91-100
Ba= 71-90
B= 55-70
ECTS-grade
A= 96-100
B= 91-95
C= 91-90
D= 71-80
E= 55-70
10
- - - - - - - -
FX= Fail
F= Fail
These limits may be revised but only downwards
312 Citation
3121 Format of sources
You can choose whether to use Oxford referencing style or Harvard referencing style
Oxford referencing references are in footnotes The first time a source is used use
the full reference In subsequent references use ibid if it is the immediately
subsequent footnote otherwise use short form In addition to footnotes you should
also indicate the full reference in bibliography at the end of the text
Harvard referencing references are embedded in the text in short form and enclosed
in parenthesis either within or after a sentence for example (Sluiter 2002 p 35) In
addition to references embedded in the text you should also indicate the full
reference in bibliography at the end of the text
Legal texts normally use Oxford referencing social sciences use Harvard referencing
Since this is text combining law and political science you can choose which style to
use However it is important that you are consistent and stick to the one referencing
style throughout the entire text donrsquot mix the two styles
3122 Monography
Goumlran Sluiter International Criminal Adjudication and the Collection of Evidence Obligations of
States Intersentia AntwerpenOxfordNew York 2002
Short form Sluiter 2002
3123 Article in journal
Michela Miraglia Admissibility of Evidence Standard of Proof and Nature of the Decision in the
ICC Confirmation of Charges in Lubanga Journal of International Criminal Justice vol 6 3
(2008) 489-503
Short form Miraglia 2008
Several authors (three or more) Gideon Boas et al International Criminal Law Practitioner
Library International Criminal Procedure Volume 3 Cambridge University Press Cambridge
2011
11
Short form Boas et al 2011
3124 Part of book
Gilbert Bitti Two bones of Contention between Civil and Common Law The Record of the
Proceedings and the Treatment of the Concursus Delictorum Horst FischerClaus KreszligSascha
Rolf Luumlder (Eds) International and national prosecution of crimes under International Law
273-288 Second Edition Berliner Wissenschafts-Verlag Berlin 2004
Short form Bitti 2004
Several editors (three or more) Peter Malanczuk Protection of National Security Interests Antonio Cassese et al (Eds) The
Rome Statute of the International Criminal Court 1371-1386 Oxford University Press
Oxford 2002
Short form Malanczuk 2002
3125 Case law
ICTY (and other international criminal tribunals)
Prosecutor v Tadić (Case No IT-94-1) ICTY T Ch Decision on the Defence Motions to
Summon and Protect Defence Witnesses and on the Giving of Evidence by Video-link 25
June 1996
Short form Tadić ICTY T Ch 25 June 1996
ICC (pls include document number as indicated below)
Prosecutor v Lubanga ICC PT Ch I Second Decision on the Prosecution Requests and
Amended Requests for Redactions under Rule 81 ICC-0104-0106-455 20 September 2006
Short form Lubanga ICC PT Ch I 20 September 2006
ICJ
Corfu Channel (United Kingdom of Great Britain and Northern Ireland v Albania) ICJ
Judgment 9 April 1949
Short form Corfu Channel ICJ 9 April 1949
ECtHR (and other human rights courts)
Doorson v The Netherlands (Application No 2052492) ECtHR Judgment 26 March 1996
Short form Doorson v The Netherlands ECtHR 26 March 1996
Human Rights Committee
12
Wolf v Panama (Communication No 2891988) HRC Views 26 March 1992
Short form Wolf v Panama HRC 26 March 1992
3126 Treaties
European convention for the Protection of Human Rights and Fundamental Freedoms
adopted 4 November 1950 as amended by Protocol No 11 and 14 213 UNTS 221
Short form ECHR
Charter of Fundamental Rights of the European Union published 26 October 2012 C 326391
Short form EU Charter of Rights
3127 Internet sources
Internet sources can be used with the following guidelines
If the source is available in printed form as well as on internet use the format
indicated in 3121-3126 do not indicate internetaddress This is relevant for
example in relation to case law and articles in journals which you can assume exist in
printed form In other words even if you find a case or article in a journal though
internet treat them as printed sources
It is not enough to indicate on which website you find some information for example
wwwunorg is an uncomplete reference A reader will not be able to find check and
read such a reference
By the same reasoning it is not enough with a reference only consisting of an
internetaddress because they may change
Thus if you use a reference from internet indicate the author (if applicable)
organization or equivalent that is the ownerpublisher of the website title of the
relevant page on the website date when the page was published (if date is indicated
on the website) internetaddreess last date when you visited the website - as done in
the following example
Ban Ki-moon United Nations Department of Public Information UN Saddened by Coal Mine
Tragedy Secretary-General Says he Stands Together with People of Turkey 15 May 2014 lt
httpwwwunorgNewsPressdocs2014sgsm15845dochtmgt checked 16 May 2014
Short form Ban Ki-moon 2014
3128 Plagiarism
You may never use any source or copy from the internet without referencing in the
main text footnotes andor in endnotes We check all writing including the motions
and individual essays with anti-plagiarism software and any form of plagiarism
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
2
1 Aim of the course
After the course a student should be able to
11 Content and purpose 111 Overarching aim of the course
The goal of the course is to provide students with the opportunity to gain deeper
insight in the area of international criminal law
112 General structure of the course
The course is divided into six parts i) introduction ii) international crimes iii)
courts tribunals and implementation iv) international criminal procedure and v)
general principles of international criminal law and vi) The course ends with a moot
court exercise
Parts 2-5 consists of lectures and seminars Each part takes one week the weeks starts
with one lecture which gives an overview of the area followed by two seminars
within the same area which aim to provide in-depth learning with high participation
of the students which requires preparation of all students for all seminars
As you will see in section 311 of this course guide the examination is divided into a
moot court with an oral hearing and two written exercises an individual essay and a
written exam
See further section 2 of this course guide
113 Expectations
After the course a student should be able to
identify legal issues relevant for the subject fields of the course
identify non-legal factors that contribute to adoption of the legal norms
discussed during the course
apply the legal rules dealt with during the course
conduct an inquiry in one of the subject fields of the course and present the
result in written as well as in verbal form
12 Instruction
Teaching is carried out in the form of lectures with discussions Students are
expected to have studied the relevant materials of the course ahead of each lecture at
least in a cursory manner Student activity is important for the success of the course
Different types of instructions are used for the purpose of enhancing different skills
The lectures with discussion should assist student in understanding basic concepts
3
The moot court will test the studentrsquos knowledge of the substance of international
criminal law and its various procedures but more importantly it should enhance
the studentrsquos ability to creatively use this knowledge The individual essay should
develop the studentrsquos ability to connect knowledge of the substance and procedure of
international law with critical thinking The written exam will test and develop the
studentrsquos knowledge of the substantive and procedural rules involved as well as the
ability to identify legal problems and apply the rules
Slides or notes used by a lecturer will in general be posted on the web site
Please note that that introduction to the course seminar with President de
Gurmendi and participation in the moot court with related written exercises are
mandatory Active attendance on seminars with tutorials (see section 32) each
gives an additional 2 points per seminar
2 Structure of the course
21 Structure of the course and alignment to expectations
The teaching and examination are aligned to the expectations (laumlrandemaringl) as listed
in the curriculum (kursplan) and section 113 as follows
bull identify legal issues relevant for the subject fields of the course
Teaching The lectures will give an overview of international criminal
law as well as some of the key legal problems in the area
Examination the students need to identify legal problems in
international criminal law when they do the moot court individual essay
and written exam
bull identify non-legal factors that contribute to adoption of the legal norms
discussed during the course
Teaching The seminarlectures on ldquoThe historical background of the ad
hoc tribunalsrdquo ldquoFilmshow the formation of an International Crimerdquo and
ldquoOther Internationally Monmitored tribunalsrdquo focus on extra-legal
factors
Examination the students are instructed to consider and discuss extra-
legal factors during the individual essay
4
bull apply the legal rules dealt with during the course
Teaching lectures in the parts ldquocrimesrdquo ldquogeneral principles of ICLrdquo
ldquointernational criminal procedurerdquo will provide an overview on how
substantial norms are applied in different contexts
Examination the students will apply ICL norms in the moot court (oral
hearing and written motions) and in the written exam
bull conduct an inquiry in one of the subject fields of the course and present
the result in written as well as in verbal form
Teaching the lectures ldquolegal toolsrdquo and ldquodrafting essays and motionsrdquo
together with the other lectures will provide the students with tools on
how to conduct an inquiry in the field
Examination Examination the students will conduct an ICL inquiry
when writing their individual essay and during the moot court (oral
hearing and written motions)
22 Detailed structure of the course
The table below is thematic not necessarily chronological and displays the structure
of the course and how the various lectures and exercises fit into one another Please
note that this is not the definite schedule the schedule is posted on the website and
may be subject to change
Subject Teacher Textbook Other
PART I Introduction
Introduction -
Compulsory for all
students
Mark
Klamberg
Ch 1-2
Jurisdictional immunity Nikola Hajdin Ch 3 21 CLICC Articles 5 11-13 17
5
complementarity 27 and 98
PART II International Crimes
Lecture International
Crimes including mens
rea
state responsibility and
non core crimes
Nikola Hajdin Ch 13
p 381-384
p 17 590
Ch 14
CLICC Article 5 8 bis 8 ter
15 bis 15 ter 25(4) 30
See seminar 8
Seminar 1 War Crimes
and IHL
Nikola Hajdin Ch 12
Tutorial
CLICC Article 8
Seminar 2 Crimes
against humanity and
Genocide
Nikola Hajdin Ch 10+11
Tutorial
CLICC Articles 6 and 7
PART III Courts tribunals and implementation
Lecture The Historical
Background
Mats Deland Ch 6
Seminar 3 The case of
Nuremberg
Mats Deland Ch 6
Tutorial
Lecture Other
Internationally
Monitored Tribunals -
Sierra Leone and
Cambodia
Hans Corell Ch 9
Seminar 4 Interstate
Cooperation +
transnational crimes
Damon Barett Ch 5
Tutorial
cf Ch 20
cf CLICC Part IX of the
Rome Statute
Lecture ICTY Barbara Goy Ch 72
Lecture Experiences
from Rwanda Tribunal
(ICTR)
Lennart
Aspegren
Ch 73
Lecture Drafting of the
Rome Statute
Siliva
Fernaacutendez de
Gurmendi
Ch 8
PART IV international criminal procedure
Lecture ICC Nikola Hajdin Ch 8 CLICC Parts IV XI and XII
of the Rome Statute
Seminar 5 Fundamental
feature and General
Principle of International
Trials + disclosure
Mark
Klamberg
Ch 17
Tutorial
CLICC Parts V- VIII of the
Rome Statute
Seminar 6 Protection of
Victims their
Mark
Klamberg
Ch 18
Tutorial
CLICC article 68
6
Participation in the
Proceeding and
Reparations
PART V General principles of international criminal law and general matters
Lecture Command
Responsibility
Barbara Goy Ch 157 CLICC Article 28
Seminar 7 Modes of
Participation
Barbara Goy Ch 151-156
Tutorial
CLICC Article 25
Seminar 8 Grounds for
excluding Criminal
Responsibility + mens
rea
Nikola Hajdin Ch 16
p 381-384
CLICC Articles 30-33
Seminar 9 Prosecutorial
Strategies
Complementary Peace
vs Justice
Nikola Hajdin Ch 175 22
pp 40-41
Tutorial
CLICC Articles 16 and 17
53
Seminar 10 Scholarly
and Critical Approaches
to International Criminal
Justice
Mark
Klamberg
Ch 24 23
Tutorial
CLICC Articles 30-33
PART VI Moot court and examination
Introduction to moot
court
Nikola Hajdin Moot court material
Moot court RPE
Drafting individual
essays and motions plus
legal tools
Mark
Klamberg
Course guide chapter 3
CLICC
Oral advocacy for the
moot court
Barbara Goy
Moot court Mark
Klamberg
Johan
Hirschfeldt
Essay
Exam
23 Oral and written exercises
See below section 3
24 Mandatory elements
Please note that that introduction to the course seminar with President de
Gurmendi and participation in the moot court with related written exercises are
7
mandatory Active attendance on seminars with tutorials (see section 32) each
gives an additional 2 point
25 International and comparative elements
All of the elements are international There are elements of comparative law when
dealing with criminalized acts modes of participation general principles of criminal
law and criminal procedure
26 Interaction with surrounding society
The course continuously deals with political social and economical issues related to
international criminal justice not least when the students writes individual essays
focused on a chosen problem Several of the lectures have lengthy practical
experience which is shared with the students
27 Relation to other courses
This is one of the specialized and advanced courses which are offered to exchange
students and Swedish students during the end of the law programme The course
connects to previous courses in the law programme such as Criminal Law (straffraumltt)
Procedural Law (processeraumltt) and Public International Law (folkraumltt)
The course may from Autumn 2016 be part of the study year (studiearingr) ldquoPublic
International Law and the Individualrdquo (Folkraumltten och individen) which includes two
specialized courses and a thesis (30 credits) The specialized courses consists of
Human Rights in a Global Perspectiverdquo (15 credits) and rdquoInternational Criminal
Lawrdquo (15 credits) Nota bene this study year is only available for students who are
registered and writing their final thesis within the law programme (45 years) at
Stockholm University
28 Course literature and source material
- Cryer Robert Friman Haringkan Robinson Darryl amp Wilmshurst Elizabeth An
Introduction to International Criminal Law and Procedure Cambridge University
Press Cambridge third edition 2014
- International Criminal Law- Selected Documents
Commentary on the Law of the ICC available at httpwwwcmn-khorgCLICC
Course literature is available at Juristernas bokhandel but only to a limited extent
8
29 Optional reading
Power and Law in International Society International relations as the Sociology of
International Law Mark Klamberg Routledge 2015 182 pp chapters 1 2 and 6
available as e-book through the Stockholm University Library website
210 Preparations for teaching
Teaching and learning in this course is 1) partly carried out in the form of traditional
lectures with discussions and 2) partly pursuant to problem based learning (PBL)
For the traditional lectures students are expected to have studied the relevant
materials of the course ahead of each lecture at least in a cursory manner This is the
traditional lecture-textbook method Any slides or notes used by a lecturer will be
posted on the web site For readings instructions please see above section 2 The
table under 22 contains detailed references to the literature and source material for
each lectureseminar
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
PBL is a student-centered pedagogy in which students learn about a subject through
the experience of problem solving and high degree of participation With traditional
learning teachers can arguably teach 1) knowledge and 2) comprehension PBL help
students to move up the ladder of more advance types of learning such as 3)
application 4) analysis 5) synthesis and 6) evaluation The PBL method is sometimes
called the case method This explained by the fact that the PBL method may often
9
include reading adjudicated cases However the problem method is different in the
sense that it is not based solely adjudicated cases but on cases created specifically for
this purpose Each case contains raw facts which the students study solve and
discuss in class PBL in this course consists of writing motions and participating in an
oral moot court Participation in the moot court is mandatory
3 Assignments and examination
31 General
311 Examination
The course is examined through the moot court with two written exercise an
individual essay and a written exam
Please note that the grading is anonymous as far as possible Each student will
receive a code to be used on individual written assignments
The maximum score is as follows
Individual paper 20 pts
Moot court
Motion 1 10 pts
Motion 2 10 pts
Oral presentation 5 pts
Tutorials
Memo 10 pts
Active participation 10 pts
Written exam 35 pts
TOTAL 100 pts
Swedish grade
AB= 91-100
Ba= 71-90
B= 55-70
ECTS-grade
A= 96-100
B= 91-95
C= 91-90
D= 71-80
E= 55-70
10
- - - - - - - -
FX= Fail
F= Fail
These limits may be revised but only downwards
312 Citation
3121 Format of sources
You can choose whether to use Oxford referencing style or Harvard referencing style
Oxford referencing references are in footnotes The first time a source is used use
the full reference In subsequent references use ibid if it is the immediately
subsequent footnote otherwise use short form In addition to footnotes you should
also indicate the full reference in bibliography at the end of the text
Harvard referencing references are embedded in the text in short form and enclosed
in parenthesis either within or after a sentence for example (Sluiter 2002 p 35) In
addition to references embedded in the text you should also indicate the full
reference in bibliography at the end of the text
Legal texts normally use Oxford referencing social sciences use Harvard referencing
Since this is text combining law and political science you can choose which style to
use However it is important that you are consistent and stick to the one referencing
style throughout the entire text donrsquot mix the two styles
3122 Monography
Goumlran Sluiter International Criminal Adjudication and the Collection of Evidence Obligations of
States Intersentia AntwerpenOxfordNew York 2002
Short form Sluiter 2002
3123 Article in journal
Michela Miraglia Admissibility of Evidence Standard of Proof and Nature of the Decision in the
ICC Confirmation of Charges in Lubanga Journal of International Criminal Justice vol 6 3
(2008) 489-503
Short form Miraglia 2008
Several authors (three or more) Gideon Boas et al International Criminal Law Practitioner
Library International Criminal Procedure Volume 3 Cambridge University Press Cambridge
2011
11
Short form Boas et al 2011
3124 Part of book
Gilbert Bitti Two bones of Contention between Civil and Common Law The Record of the
Proceedings and the Treatment of the Concursus Delictorum Horst FischerClaus KreszligSascha
Rolf Luumlder (Eds) International and national prosecution of crimes under International Law
273-288 Second Edition Berliner Wissenschafts-Verlag Berlin 2004
Short form Bitti 2004
Several editors (three or more) Peter Malanczuk Protection of National Security Interests Antonio Cassese et al (Eds) The
Rome Statute of the International Criminal Court 1371-1386 Oxford University Press
Oxford 2002
Short form Malanczuk 2002
3125 Case law
ICTY (and other international criminal tribunals)
Prosecutor v Tadić (Case No IT-94-1) ICTY T Ch Decision on the Defence Motions to
Summon and Protect Defence Witnesses and on the Giving of Evidence by Video-link 25
June 1996
Short form Tadić ICTY T Ch 25 June 1996
ICC (pls include document number as indicated below)
Prosecutor v Lubanga ICC PT Ch I Second Decision on the Prosecution Requests and
Amended Requests for Redactions under Rule 81 ICC-0104-0106-455 20 September 2006
Short form Lubanga ICC PT Ch I 20 September 2006
ICJ
Corfu Channel (United Kingdom of Great Britain and Northern Ireland v Albania) ICJ
Judgment 9 April 1949
Short form Corfu Channel ICJ 9 April 1949
ECtHR (and other human rights courts)
Doorson v The Netherlands (Application No 2052492) ECtHR Judgment 26 March 1996
Short form Doorson v The Netherlands ECtHR 26 March 1996
Human Rights Committee
12
Wolf v Panama (Communication No 2891988) HRC Views 26 March 1992
Short form Wolf v Panama HRC 26 March 1992
3126 Treaties
European convention for the Protection of Human Rights and Fundamental Freedoms
adopted 4 November 1950 as amended by Protocol No 11 and 14 213 UNTS 221
Short form ECHR
Charter of Fundamental Rights of the European Union published 26 October 2012 C 326391
Short form EU Charter of Rights
3127 Internet sources
Internet sources can be used with the following guidelines
If the source is available in printed form as well as on internet use the format
indicated in 3121-3126 do not indicate internetaddress This is relevant for
example in relation to case law and articles in journals which you can assume exist in
printed form In other words even if you find a case or article in a journal though
internet treat them as printed sources
It is not enough to indicate on which website you find some information for example
wwwunorg is an uncomplete reference A reader will not be able to find check and
read such a reference
By the same reasoning it is not enough with a reference only consisting of an
internetaddress because they may change
Thus if you use a reference from internet indicate the author (if applicable)
organization or equivalent that is the ownerpublisher of the website title of the
relevant page on the website date when the page was published (if date is indicated
on the website) internetaddreess last date when you visited the website - as done in
the following example
Ban Ki-moon United Nations Department of Public Information UN Saddened by Coal Mine
Tragedy Secretary-General Says he Stands Together with People of Turkey 15 May 2014 lt
httpwwwunorgNewsPressdocs2014sgsm15845dochtmgt checked 16 May 2014
Short form Ban Ki-moon 2014
3128 Plagiarism
You may never use any source or copy from the internet without referencing in the
main text footnotes andor in endnotes We check all writing including the motions
and individual essays with anti-plagiarism software and any form of plagiarism
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
3
The moot court will test the studentrsquos knowledge of the substance of international
criminal law and its various procedures but more importantly it should enhance
the studentrsquos ability to creatively use this knowledge The individual essay should
develop the studentrsquos ability to connect knowledge of the substance and procedure of
international law with critical thinking The written exam will test and develop the
studentrsquos knowledge of the substantive and procedural rules involved as well as the
ability to identify legal problems and apply the rules
Slides or notes used by a lecturer will in general be posted on the web site
Please note that that introduction to the course seminar with President de
Gurmendi and participation in the moot court with related written exercises are
mandatory Active attendance on seminars with tutorials (see section 32) each
gives an additional 2 points per seminar
2 Structure of the course
21 Structure of the course and alignment to expectations
The teaching and examination are aligned to the expectations (laumlrandemaringl) as listed
in the curriculum (kursplan) and section 113 as follows
bull identify legal issues relevant for the subject fields of the course
Teaching The lectures will give an overview of international criminal
law as well as some of the key legal problems in the area
Examination the students need to identify legal problems in
international criminal law when they do the moot court individual essay
and written exam
bull identify non-legal factors that contribute to adoption of the legal norms
discussed during the course
Teaching The seminarlectures on ldquoThe historical background of the ad
hoc tribunalsrdquo ldquoFilmshow the formation of an International Crimerdquo and
ldquoOther Internationally Monmitored tribunalsrdquo focus on extra-legal
factors
Examination the students are instructed to consider and discuss extra-
legal factors during the individual essay
4
bull apply the legal rules dealt with during the course
Teaching lectures in the parts ldquocrimesrdquo ldquogeneral principles of ICLrdquo
ldquointernational criminal procedurerdquo will provide an overview on how
substantial norms are applied in different contexts
Examination the students will apply ICL norms in the moot court (oral
hearing and written motions) and in the written exam
bull conduct an inquiry in one of the subject fields of the course and present
the result in written as well as in verbal form
Teaching the lectures ldquolegal toolsrdquo and ldquodrafting essays and motionsrdquo
together with the other lectures will provide the students with tools on
how to conduct an inquiry in the field
Examination Examination the students will conduct an ICL inquiry
when writing their individual essay and during the moot court (oral
hearing and written motions)
22 Detailed structure of the course
The table below is thematic not necessarily chronological and displays the structure
of the course and how the various lectures and exercises fit into one another Please
note that this is not the definite schedule the schedule is posted on the website and
may be subject to change
Subject Teacher Textbook Other
PART I Introduction
Introduction -
Compulsory for all
students
Mark
Klamberg
Ch 1-2
Jurisdictional immunity Nikola Hajdin Ch 3 21 CLICC Articles 5 11-13 17
5
complementarity 27 and 98
PART II International Crimes
Lecture International
Crimes including mens
rea
state responsibility and
non core crimes
Nikola Hajdin Ch 13
p 381-384
p 17 590
Ch 14
CLICC Article 5 8 bis 8 ter
15 bis 15 ter 25(4) 30
See seminar 8
Seminar 1 War Crimes
and IHL
Nikola Hajdin Ch 12
Tutorial
CLICC Article 8
Seminar 2 Crimes
against humanity and
Genocide
Nikola Hajdin Ch 10+11
Tutorial
CLICC Articles 6 and 7
PART III Courts tribunals and implementation
Lecture The Historical
Background
Mats Deland Ch 6
Seminar 3 The case of
Nuremberg
Mats Deland Ch 6
Tutorial
Lecture Other
Internationally
Monitored Tribunals -
Sierra Leone and
Cambodia
Hans Corell Ch 9
Seminar 4 Interstate
Cooperation +
transnational crimes
Damon Barett Ch 5
Tutorial
cf Ch 20
cf CLICC Part IX of the
Rome Statute
Lecture ICTY Barbara Goy Ch 72
Lecture Experiences
from Rwanda Tribunal
(ICTR)
Lennart
Aspegren
Ch 73
Lecture Drafting of the
Rome Statute
Siliva
Fernaacutendez de
Gurmendi
Ch 8
PART IV international criminal procedure
Lecture ICC Nikola Hajdin Ch 8 CLICC Parts IV XI and XII
of the Rome Statute
Seminar 5 Fundamental
feature and General
Principle of International
Trials + disclosure
Mark
Klamberg
Ch 17
Tutorial
CLICC Parts V- VIII of the
Rome Statute
Seminar 6 Protection of
Victims their
Mark
Klamberg
Ch 18
Tutorial
CLICC article 68
6
Participation in the
Proceeding and
Reparations
PART V General principles of international criminal law and general matters
Lecture Command
Responsibility
Barbara Goy Ch 157 CLICC Article 28
Seminar 7 Modes of
Participation
Barbara Goy Ch 151-156
Tutorial
CLICC Article 25
Seminar 8 Grounds for
excluding Criminal
Responsibility + mens
rea
Nikola Hajdin Ch 16
p 381-384
CLICC Articles 30-33
Seminar 9 Prosecutorial
Strategies
Complementary Peace
vs Justice
Nikola Hajdin Ch 175 22
pp 40-41
Tutorial
CLICC Articles 16 and 17
53
Seminar 10 Scholarly
and Critical Approaches
to International Criminal
Justice
Mark
Klamberg
Ch 24 23
Tutorial
CLICC Articles 30-33
PART VI Moot court and examination
Introduction to moot
court
Nikola Hajdin Moot court material
Moot court RPE
Drafting individual
essays and motions plus
legal tools
Mark
Klamberg
Course guide chapter 3
CLICC
Oral advocacy for the
moot court
Barbara Goy
Moot court Mark
Klamberg
Johan
Hirschfeldt
Essay
Exam
23 Oral and written exercises
See below section 3
24 Mandatory elements
Please note that that introduction to the course seminar with President de
Gurmendi and participation in the moot court with related written exercises are
7
mandatory Active attendance on seminars with tutorials (see section 32) each
gives an additional 2 point
25 International and comparative elements
All of the elements are international There are elements of comparative law when
dealing with criminalized acts modes of participation general principles of criminal
law and criminal procedure
26 Interaction with surrounding society
The course continuously deals with political social and economical issues related to
international criminal justice not least when the students writes individual essays
focused on a chosen problem Several of the lectures have lengthy practical
experience which is shared with the students
27 Relation to other courses
This is one of the specialized and advanced courses which are offered to exchange
students and Swedish students during the end of the law programme The course
connects to previous courses in the law programme such as Criminal Law (straffraumltt)
Procedural Law (processeraumltt) and Public International Law (folkraumltt)
The course may from Autumn 2016 be part of the study year (studiearingr) ldquoPublic
International Law and the Individualrdquo (Folkraumltten och individen) which includes two
specialized courses and a thesis (30 credits) The specialized courses consists of
Human Rights in a Global Perspectiverdquo (15 credits) and rdquoInternational Criminal
Lawrdquo (15 credits) Nota bene this study year is only available for students who are
registered and writing their final thesis within the law programme (45 years) at
Stockholm University
28 Course literature and source material
- Cryer Robert Friman Haringkan Robinson Darryl amp Wilmshurst Elizabeth An
Introduction to International Criminal Law and Procedure Cambridge University
Press Cambridge third edition 2014
- International Criminal Law- Selected Documents
Commentary on the Law of the ICC available at httpwwwcmn-khorgCLICC
Course literature is available at Juristernas bokhandel but only to a limited extent
8
29 Optional reading
Power and Law in International Society International relations as the Sociology of
International Law Mark Klamberg Routledge 2015 182 pp chapters 1 2 and 6
available as e-book through the Stockholm University Library website
210 Preparations for teaching
Teaching and learning in this course is 1) partly carried out in the form of traditional
lectures with discussions and 2) partly pursuant to problem based learning (PBL)
For the traditional lectures students are expected to have studied the relevant
materials of the course ahead of each lecture at least in a cursory manner This is the
traditional lecture-textbook method Any slides or notes used by a lecturer will be
posted on the web site For readings instructions please see above section 2 The
table under 22 contains detailed references to the literature and source material for
each lectureseminar
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
PBL is a student-centered pedagogy in which students learn about a subject through
the experience of problem solving and high degree of participation With traditional
learning teachers can arguably teach 1) knowledge and 2) comprehension PBL help
students to move up the ladder of more advance types of learning such as 3)
application 4) analysis 5) synthesis and 6) evaluation The PBL method is sometimes
called the case method This explained by the fact that the PBL method may often
9
include reading adjudicated cases However the problem method is different in the
sense that it is not based solely adjudicated cases but on cases created specifically for
this purpose Each case contains raw facts which the students study solve and
discuss in class PBL in this course consists of writing motions and participating in an
oral moot court Participation in the moot court is mandatory
3 Assignments and examination
31 General
311 Examination
The course is examined through the moot court with two written exercise an
individual essay and a written exam
Please note that the grading is anonymous as far as possible Each student will
receive a code to be used on individual written assignments
The maximum score is as follows
Individual paper 20 pts
Moot court
Motion 1 10 pts
Motion 2 10 pts
Oral presentation 5 pts
Tutorials
Memo 10 pts
Active participation 10 pts
Written exam 35 pts
TOTAL 100 pts
Swedish grade
AB= 91-100
Ba= 71-90
B= 55-70
ECTS-grade
A= 96-100
B= 91-95
C= 91-90
D= 71-80
E= 55-70
10
- - - - - - - -
FX= Fail
F= Fail
These limits may be revised but only downwards
312 Citation
3121 Format of sources
You can choose whether to use Oxford referencing style or Harvard referencing style
Oxford referencing references are in footnotes The first time a source is used use
the full reference In subsequent references use ibid if it is the immediately
subsequent footnote otherwise use short form In addition to footnotes you should
also indicate the full reference in bibliography at the end of the text
Harvard referencing references are embedded in the text in short form and enclosed
in parenthesis either within or after a sentence for example (Sluiter 2002 p 35) In
addition to references embedded in the text you should also indicate the full
reference in bibliography at the end of the text
Legal texts normally use Oxford referencing social sciences use Harvard referencing
Since this is text combining law and political science you can choose which style to
use However it is important that you are consistent and stick to the one referencing
style throughout the entire text donrsquot mix the two styles
3122 Monography
Goumlran Sluiter International Criminal Adjudication and the Collection of Evidence Obligations of
States Intersentia AntwerpenOxfordNew York 2002
Short form Sluiter 2002
3123 Article in journal
Michela Miraglia Admissibility of Evidence Standard of Proof and Nature of the Decision in the
ICC Confirmation of Charges in Lubanga Journal of International Criminal Justice vol 6 3
(2008) 489-503
Short form Miraglia 2008
Several authors (three or more) Gideon Boas et al International Criminal Law Practitioner
Library International Criminal Procedure Volume 3 Cambridge University Press Cambridge
2011
11
Short form Boas et al 2011
3124 Part of book
Gilbert Bitti Two bones of Contention between Civil and Common Law The Record of the
Proceedings and the Treatment of the Concursus Delictorum Horst FischerClaus KreszligSascha
Rolf Luumlder (Eds) International and national prosecution of crimes under International Law
273-288 Second Edition Berliner Wissenschafts-Verlag Berlin 2004
Short form Bitti 2004
Several editors (three or more) Peter Malanczuk Protection of National Security Interests Antonio Cassese et al (Eds) The
Rome Statute of the International Criminal Court 1371-1386 Oxford University Press
Oxford 2002
Short form Malanczuk 2002
3125 Case law
ICTY (and other international criminal tribunals)
Prosecutor v Tadić (Case No IT-94-1) ICTY T Ch Decision on the Defence Motions to
Summon and Protect Defence Witnesses and on the Giving of Evidence by Video-link 25
June 1996
Short form Tadić ICTY T Ch 25 June 1996
ICC (pls include document number as indicated below)
Prosecutor v Lubanga ICC PT Ch I Second Decision on the Prosecution Requests and
Amended Requests for Redactions under Rule 81 ICC-0104-0106-455 20 September 2006
Short form Lubanga ICC PT Ch I 20 September 2006
ICJ
Corfu Channel (United Kingdom of Great Britain and Northern Ireland v Albania) ICJ
Judgment 9 April 1949
Short form Corfu Channel ICJ 9 April 1949
ECtHR (and other human rights courts)
Doorson v The Netherlands (Application No 2052492) ECtHR Judgment 26 March 1996
Short form Doorson v The Netherlands ECtHR 26 March 1996
Human Rights Committee
12
Wolf v Panama (Communication No 2891988) HRC Views 26 March 1992
Short form Wolf v Panama HRC 26 March 1992
3126 Treaties
European convention for the Protection of Human Rights and Fundamental Freedoms
adopted 4 November 1950 as amended by Protocol No 11 and 14 213 UNTS 221
Short form ECHR
Charter of Fundamental Rights of the European Union published 26 October 2012 C 326391
Short form EU Charter of Rights
3127 Internet sources
Internet sources can be used with the following guidelines
If the source is available in printed form as well as on internet use the format
indicated in 3121-3126 do not indicate internetaddress This is relevant for
example in relation to case law and articles in journals which you can assume exist in
printed form In other words even if you find a case or article in a journal though
internet treat them as printed sources
It is not enough to indicate on which website you find some information for example
wwwunorg is an uncomplete reference A reader will not be able to find check and
read such a reference
By the same reasoning it is not enough with a reference only consisting of an
internetaddress because they may change
Thus if you use a reference from internet indicate the author (if applicable)
organization or equivalent that is the ownerpublisher of the website title of the
relevant page on the website date when the page was published (if date is indicated
on the website) internetaddreess last date when you visited the website - as done in
the following example
Ban Ki-moon United Nations Department of Public Information UN Saddened by Coal Mine
Tragedy Secretary-General Says he Stands Together with People of Turkey 15 May 2014 lt
httpwwwunorgNewsPressdocs2014sgsm15845dochtmgt checked 16 May 2014
Short form Ban Ki-moon 2014
3128 Plagiarism
You may never use any source or copy from the internet without referencing in the
main text footnotes andor in endnotes We check all writing including the motions
and individual essays with anti-plagiarism software and any form of plagiarism
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
4
bull apply the legal rules dealt with during the course
Teaching lectures in the parts ldquocrimesrdquo ldquogeneral principles of ICLrdquo
ldquointernational criminal procedurerdquo will provide an overview on how
substantial norms are applied in different contexts
Examination the students will apply ICL norms in the moot court (oral
hearing and written motions) and in the written exam
bull conduct an inquiry in one of the subject fields of the course and present
the result in written as well as in verbal form
Teaching the lectures ldquolegal toolsrdquo and ldquodrafting essays and motionsrdquo
together with the other lectures will provide the students with tools on
how to conduct an inquiry in the field
Examination Examination the students will conduct an ICL inquiry
when writing their individual essay and during the moot court (oral
hearing and written motions)
22 Detailed structure of the course
The table below is thematic not necessarily chronological and displays the structure
of the course and how the various lectures and exercises fit into one another Please
note that this is not the definite schedule the schedule is posted on the website and
may be subject to change
Subject Teacher Textbook Other
PART I Introduction
Introduction -
Compulsory for all
students
Mark
Klamberg
Ch 1-2
Jurisdictional immunity Nikola Hajdin Ch 3 21 CLICC Articles 5 11-13 17
5
complementarity 27 and 98
PART II International Crimes
Lecture International
Crimes including mens
rea
state responsibility and
non core crimes
Nikola Hajdin Ch 13
p 381-384
p 17 590
Ch 14
CLICC Article 5 8 bis 8 ter
15 bis 15 ter 25(4) 30
See seminar 8
Seminar 1 War Crimes
and IHL
Nikola Hajdin Ch 12
Tutorial
CLICC Article 8
Seminar 2 Crimes
against humanity and
Genocide
Nikola Hajdin Ch 10+11
Tutorial
CLICC Articles 6 and 7
PART III Courts tribunals and implementation
Lecture The Historical
Background
Mats Deland Ch 6
Seminar 3 The case of
Nuremberg
Mats Deland Ch 6
Tutorial
Lecture Other
Internationally
Monitored Tribunals -
Sierra Leone and
Cambodia
Hans Corell Ch 9
Seminar 4 Interstate
Cooperation +
transnational crimes
Damon Barett Ch 5
Tutorial
cf Ch 20
cf CLICC Part IX of the
Rome Statute
Lecture ICTY Barbara Goy Ch 72
Lecture Experiences
from Rwanda Tribunal
(ICTR)
Lennart
Aspegren
Ch 73
Lecture Drafting of the
Rome Statute
Siliva
Fernaacutendez de
Gurmendi
Ch 8
PART IV international criminal procedure
Lecture ICC Nikola Hajdin Ch 8 CLICC Parts IV XI and XII
of the Rome Statute
Seminar 5 Fundamental
feature and General
Principle of International
Trials + disclosure
Mark
Klamberg
Ch 17
Tutorial
CLICC Parts V- VIII of the
Rome Statute
Seminar 6 Protection of
Victims their
Mark
Klamberg
Ch 18
Tutorial
CLICC article 68
6
Participation in the
Proceeding and
Reparations
PART V General principles of international criminal law and general matters
Lecture Command
Responsibility
Barbara Goy Ch 157 CLICC Article 28
Seminar 7 Modes of
Participation
Barbara Goy Ch 151-156
Tutorial
CLICC Article 25
Seminar 8 Grounds for
excluding Criminal
Responsibility + mens
rea
Nikola Hajdin Ch 16
p 381-384
CLICC Articles 30-33
Seminar 9 Prosecutorial
Strategies
Complementary Peace
vs Justice
Nikola Hajdin Ch 175 22
pp 40-41
Tutorial
CLICC Articles 16 and 17
53
Seminar 10 Scholarly
and Critical Approaches
to International Criminal
Justice
Mark
Klamberg
Ch 24 23
Tutorial
CLICC Articles 30-33
PART VI Moot court and examination
Introduction to moot
court
Nikola Hajdin Moot court material
Moot court RPE
Drafting individual
essays and motions plus
legal tools
Mark
Klamberg
Course guide chapter 3
CLICC
Oral advocacy for the
moot court
Barbara Goy
Moot court Mark
Klamberg
Johan
Hirschfeldt
Essay
Exam
23 Oral and written exercises
See below section 3
24 Mandatory elements
Please note that that introduction to the course seminar with President de
Gurmendi and participation in the moot court with related written exercises are
7
mandatory Active attendance on seminars with tutorials (see section 32) each
gives an additional 2 point
25 International and comparative elements
All of the elements are international There are elements of comparative law when
dealing with criminalized acts modes of participation general principles of criminal
law and criminal procedure
26 Interaction with surrounding society
The course continuously deals with political social and economical issues related to
international criminal justice not least when the students writes individual essays
focused on a chosen problem Several of the lectures have lengthy practical
experience which is shared with the students
27 Relation to other courses
This is one of the specialized and advanced courses which are offered to exchange
students and Swedish students during the end of the law programme The course
connects to previous courses in the law programme such as Criminal Law (straffraumltt)
Procedural Law (processeraumltt) and Public International Law (folkraumltt)
The course may from Autumn 2016 be part of the study year (studiearingr) ldquoPublic
International Law and the Individualrdquo (Folkraumltten och individen) which includes two
specialized courses and a thesis (30 credits) The specialized courses consists of
Human Rights in a Global Perspectiverdquo (15 credits) and rdquoInternational Criminal
Lawrdquo (15 credits) Nota bene this study year is only available for students who are
registered and writing their final thesis within the law programme (45 years) at
Stockholm University
28 Course literature and source material
- Cryer Robert Friman Haringkan Robinson Darryl amp Wilmshurst Elizabeth An
Introduction to International Criminal Law and Procedure Cambridge University
Press Cambridge third edition 2014
- International Criminal Law- Selected Documents
Commentary on the Law of the ICC available at httpwwwcmn-khorgCLICC
Course literature is available at Juristernas bokhandel but only to a limited extent
8
29 Optional reading
Power and Law in International Society International relations as the Sociology of
International Law Mark Klamberg Routledge 2015 182 pp chapters 1 2 and 6
available as e-book through the Stockholm University Library website
210 Preparations for teaching
Teaching and learning in this course is 1) partly carried out in the form of traditional
lectures with discussions and 2) partly pursuant to problem based learning (PBL)
For the traditional lectures students are expected to have studied the relevant
materials of the course ahead of each lecture at least in a cursory manner This is the
traditional lecture-textbook method Any slides or notes used by a lecturer will be
posted on the web site For readings instructions please see above section 2 The
table under 22 contains detailed references to the literature and source material for
each lectureseminar
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
PBL is a student-centered pedagogy in which students learn about a subject through
the experience of problem solving and high degree of participation With traditional
learning teachers can arguably teach 1) knowledge and 2) comprehension PBL help
students to move up the ladder of more advance types of learning such as 3)
application 4) analysis 5) synthesis and 6) evaluation The PBL method is sometimes
called the case method This explained by the fact that the PBL method may often
9
include reading adjudicated cases However the problem method is different in the
sense that it is not based solely adjudicated cases but on cases created specifically for
this purpose Each case contains raw facts which the students study solve and
discuss in class PBL in this course consists of writing motions and participating in an
oral moot court Participation in the moot court is mandatory
3 Assignments and examination
31 General
311 Examination
The course is examined through the moot court with two written exercise an
individual essay and a written exam
Please note that the grading is anonymous as far as possible Each student will
receive a code to be used on individual written assignments
The maximum score is as follows
Individual paper 20 pts
Moot court
Motion 1 10 pts
Motion 2 10 pts
Oral presentation 5 pts
Tutorials
Memo 10 pts
Active participation 10 pts
Written exam 35 pts
TOTAL 100 pts
Swedish grade
AB= 91-100
Ba= 71-90
B= 55-70
ECTS-grade
A= 96-100
B= 91-95
C= 91-90
D= 71-80
E= 55-70
10
- - - - - - - -
FX= Fail
F= Fail
These limits may be revised but only downwards
312 Citation
3121 Format of sources
You can choose whether to use Oxford referencing style or Harvard referencing style
Oxford referencing references are in footnotes The first time a source is used use
the full reference In subsequent references use ibid if it is the immediately
subsequent footnote otherwise use short form In addition to footnotes you should
also indicate the full reference in bibliography at the end of the text
Harvard referencing references are embedded in the text in short form and enclosed
in parenthesis either within or after a sentence for example (Sluiter 2002 p 35) In
addition to references embedded in the text you should also indicate the full
reference in bibliography at the end of the text
Legal texts normally use Oxford referencing social sciences use Harvard referencing
Since this is text combining law and political science you can choose which style to
use However it is important that you are consistent and stick to the one referencing
style throughout the entire text donrsquot mix the two styles
3122 Monography
Goumlran Sluiter International Criminal Adjudication and the Collection of Evidence Obligations of
States Intersentia AntwerpenOxfordNew York 2002
Short form Sluiter 2002
3123 Article in journal
Michela Miraglia Admissibility of Evidence Standard of Proof and Nature of the Decision in the
ICC Confirmation of Charges in Lubanga Journal of International Criminal Justice vol 6 3
(2008) 489-503
Short form Miraglia 2008
Several authors (three or more) Gideon Boas et al International Criminal Law Practitioner
Library International Criminal Procedure Volume 3 Cambridge University Press Cambridge
2011
11
Short form Boas et al 2011
3124 Part of book
Gilbert Bitti Two bones of Contention between Civil and Common Law The Record of the
Proceedings and the Treatment of the Concursus Delictorum Horst FischerClaus KreszligSascha
Rolf Luumlder (Eds) International and national prosecution of crimes under International Law
273-288 Second Edition Berliner Wissenschafts-Verlag Berlin 2004
Short form Bitti 2004
Several editors (three or more) Peter Malanczuk Protection of National Security Interests Antonio Cassese et al (Eds) The
Rome Statute of the International Criminal Court 1371-1386 Oxford University Press
Oxford 2002
Short form Malanczuk 2002
3125 Case law
ICTY (and other international criminal tribunals)
Prosecutor v Tadić (Case No IT-94-1) ICTY T Ch Decision on the Defence Motions to
Summon and Protect Defence Witnesses and on the Giving of Evidence by Video-link 25
June 1996
Short form Tadić ICTY T Ch 25 June 1996
ICC (pls include document number as indicated below)
Prosecutor v Lubanga ICC PT Ch I Second Decision on the Prosecution Requests and
Amended Requests for Redactions under Rule 81 ICC-0104-0106-455 20 September 2006
Short form Lubanga ICC PT Ch I 20 September 2006
ICJ
Corfu Channel (United Kingdom of Great Britain and Northern Ireland v Albania) ICJ
Judgment 9 April 1949
Short form Corfu Channel ICJ 9 April 1949
ECtHR (and other human rights courts)
Doorson v The Netherlands (Application No 2052492) ECtHR Judgment 26 March 1996
Short form Doorson v The Netherlands ECtHR 26 March 1996
Human Rights Committee
12
Wolf v Panama (Communication No 2891988) HRC Views 26 March 1992
Short form Wolf v Panama HRC 26 March 1992
3126 Treaties
European convention for the Protection of Human Rights and Fundamental Freedoms
adopted 4 November 1950 as amended by Protocol No 11 and 14 213 UNTS 221
Short form ECHR
Charter of Fundamental Rights of the European Union published 26 October 2012 C 326391
Short form EU Charter of Rights
3127 Internet sources
Internet sources can be used with the following guidelines
If the source is available in printed form as well as on internet use the format
indicated in 3121-3126 do not indicate internetaddress This is relevant for
example in relation to case law and articles in journals which you can assume exist in
printed form In other words even if you find a case or article in a journal though
internet treat them as printed sources
It is not enough to indicate on which website you find some information for example
wwwunorg is an uncomplete reference A reader will not be able to find check and
read such a reference
By the same reasoning it is not enough with a reference only consisting of an
internetaddress because they may change
Thus if you use a reference from internet indicate the author (if applicable)
organization or equivalent that is the ownerpublisher of the website title of the
relevant page on the website date when the page was published (if date is indicated
on the website) internetaddreess last date when you visited the website - as done in
the following example
Ban Ki-moon United Nations Department of Public Information UN Saddened by Coal Mine
Tragedy Secretary-General Says he Stands Together with People of Turkey 15 May 2014 lt
httpwwwunorgNewsPressdocs2014sgsm15845dochtmgt checked 16 May 2014
Short form Ban Ki-moon 2014
3128 Plagiarism
You may never use any source or copy from the internet without referencing in the
main text footnotes andor in endnotes We check all writing including the motions
and individual essays with anti-plagiarism software and any form of plagiarism
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
5
complementarity 27 and 98
PART II International Crimes
Lecture International
Crimes including mens
rea
state responsibility and
non core crimes
Nikola Hajdin Ch 13
p 381-384
p 17 590
Ch 14
CLICC Article 5 8 bis 8 ter
15 bis 15 ter 25(4) 30
See seminar 8
Seminar 1 War Crimes
and IHL
Nikola Hajdin Ch 12
Tutorial
CLICC Article 8
Seminar 2 Crimes
against humanity and
Genocide
Nikola Hajdin Ch 10+11
Tutorial
CLICC Articles 6 and 7
PART III Courts tribunals and implementation
Lecture The Historical
Background
Mats Deland Ch 6
Seminar 3 The case of
Nuremberg
Mats Deland Ch 6
Tutorial
Lecture Other
Internationally
Monitored Tribunals -
Sierra Leone and
Cambodia
Hans Corell Ch 9
Seminar 4 Interstate
Cooperation +
transnational crimes
Damon Barett Ch 5
Tutorial
cf Ch 20
cf CLICC Part IX of the
Rome Statute
Lecture ICTY Barbara Goy Ch 72
Lecture Experiences
from Rwanda Tribunal
(ICTR)
Lennart
Aspegren
Ch 73
Lecture Drafting of the
Rome Statute
Siliva
Fernaacutendez de
Gurmendi
Ch 8
PART IV international criminal procedure
Lecture ICC Nikola Hajdin Ch 8 CLICC Parts IV XI and XII
of the Rome Statute
Seminar 5 Fundamental
feature and General
Principle of International
Trials + disclosure
Mark
Klamberg
Ch 17
Tutorial
CLICC Parts V- VIII of the
Rome Statute
Seminar 6 Protection of
Victims their
Mark
Klamberg
Ch 18
Tutorial
CLICC article 68
6
Participation in the
Proceeding and
Reparations
PART V General principles of international criminal law and general matters
Lecture Command
Responsibility
Barbara Goy Ch 157 CLICC Article 28
Seminar 7 Modes of
Participation
Barbara Goy Ch 151-156
Tutorial
CLICC Article 25
Seminar 8 Grounds for
excluding Criminal
Responsibility + mens
rea
Nikola Hajdin Ch 16
p 381-384
CLICC Articles 30-33
Seminar 9 Prosecutorial
Strategies
Complementary Peace
vs Justice
Nikola Hajdin Ch 175 22
pp 40-41
Tutorial
CLICC Articles 16 and 17
53
Seminar 10 Scholarly
and Critical Approaches
to International Criminal
Justice
Mark
Klamberg
Ch 24 23
Tutorial
CLICC Articles 30-33
PART VI Moot court and examination
Introduction to moot
court
Nikola Hajdin Moot court material
Moot court RPE
Drafting individual
essays and motions plus
legal tools
Mark
Klamberg
Course guide chapter 3
CLICC
Oral advocacy for the
moot court
Barbara Goy
Moot court Mark
Klamberg
Johan
Hirschfeldt
Essay
Exam
23 Oral and written exercises
See below section 3
24 Mandatory elements
Please note that that introduction to the course seminar with President de
Gurmendi and participation in the moot court with related written exercises are
7
mandatory Active attendance on seminars with tutorials (see section 32) each
gives an additional 2 point
25 International and comparative elements
All of the elements are international There are elements of comparative law when
dealing with criminalized acts modes of participation general principles of criminal
law and criminal procedure
26 Interaction with surrounding society
The course continuously deals with political social and economical issues related to
international criminal justice not least when the students writes individual essays
focused on a chosen problem Several of the lectures have lengthy practical
experience which is shared with the students
27 Relation to other courses
This is one of the specialized and advanced courses which are offered to exchange
students and Swedish students during the end of the law programme The course
connects to previous courses in the law programme such as Criminal Law (straffraumltt)
Procedural Law (processeraumltt) and Public International Law (folkraumltt)
The course may from Autumn 2016 be part of the study year (studiearingr) ldquoPublic
International Law and the Individualrdquo (Folkraumltten och individen) which includes two
specialized courses and a thesis (30 credits) The specialized courses consists of
Human Rights in a Global Perspectiverdquo (15 credits) and rdquoInternational Criminal
Lawrdquo (15 credits) Nota bene this study year is only available for students who are
registered and writing their final thesis within the law programme (45 years) at
Stockholm University
28 Course literature and source material
- Cryer Robert Friman Haringkan Robinson Darryl amp Wilmshurst Elizabeth An
Introduction to International Criminal Law and Procedure Cambridge University
Press Cambridge third edition 2014
- International Criminal Law- Selected Documents
Commentary on the Law of the ICC available at httpwwwcmn-khorgCLICC
Course literature is available at Juristernas bokhandel but only to a limited extent
8
29 Optional reading
Power and Law in International Society International relations as the Sociology of
International Law Mark Klamberg Routledge 2015 182 pp chapters 1 2 and 6
available as e-book through the Stockholm University Library website
210 Preparations for teaching
Teaching and learning in this course is 1) partly carried out in the form of traditional
lectures with discussions and 2) partly pursuant to problem based learning (PBL)
For the traditional lectures students are expected to have studied the relevant
materials of the course ahead of each lecture at least in a cursory manner This is the
traditional lecture-textbook method Any slides or notes used by a lecturer will be
posted on the web site For readings instructions please see above section 2 The
table under 22 contains detailed references to the literature and source material for
each lectureseminar
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
PBL is a student-centered pedagogy in which students learn about a subject through
the experience of problem solving and high degree of participation With traditional
learning teachers can arguably teach 1) knowledge and 2) comprehension PBL help
students to move up the ladder of more advance types of learning such as 3)
application 4) analysis 5) synthesis and 6) evaluation The PBL method is sometimes
called the case method This explained by the fact that the PBL method may often
9
include reading adjudicated cases However the problem method is different in the
sense that it is not based solely adjudicated cases but on cases created specifically for
this purpose Each case contains raw facts which the students study solve and
discuss in class PBL in this course consists of writing motions and participating in an
oral moot court Participation in the moot court is mandatory
3 Assignments and examination
31 General
311 Examination
The course is examined through the moot court with two written exercise an
individual essay and a written exam
Please note that the grading is anonymous as far as possible Each student will
receive a code to be used on individual written assignments
The maximum score is as follows
Individual paper 20 pts
Moot court
Motion 1 10 pts
Motion 2 10 pts
Oral presentation 5 pts
Tutorials
Memo 10 pts
Active participation 10 pts
Written exam 35 pts
TOTAL 100 pts
Swedish grade
AB= 91-100
Ba= 71-90
B= 55-70
ECTS-grade
A= 96-100
B= 91-95
C= 91-90
D= 71-80
E= 55-70
10
- - - - - - - -
FX= Fail
F= Fail
These limits may be revised but only downwards
312 Citation
3121 Format of sources
You can choose whether to use Oxford referencing style or Harvard referencing style
Oxford referencing references are in footnotes The first time a source is used use
the full reference In subsequent references use ibid if it is the immediately
subsequent footnote otherwise use short form In addition to footnotes you should
also indicate the full reference in bibliography at the end of the text
Harvard referencing references are embedded in the text in short form and enclosed
in parenthesis either within or after a sentence for example (Sluiter 2002 p 35) In
addition to references embedded in the text you should also indicate the full
reference in bibliography at the end of the text
Legal texts normally use Oxford referencing social sciences use Harvard referencing
Since this is text combining law and political science you can choose which style to
use However it is important that you are consistent and stick to the one referencing
style throughout the entire text donrsquot mix the two styles
3122 Monography
Goumlran Sluiter International Criminal Adjudication and the Collection of Evidence Obligations of
States Intersentia AntwerpenOxfordNew York 2002
Short form Sluiter 2002
3123 Article in journal
Michela Miraglia Admissibility of Evidence Standard of Proof and Nature of the Decision in the
ICC Confirmation of Charges in Lubanga Journal of International Criminal Justice vol 6 3
(2008) 489-503
Short form Miraglia 2008
Several authors (three or more) Gideon Boas et al International Criminal Law Practitioner
Library International Criminal Procedure Volume 3 Cambridge University Press Cambridge
2011
11
Short form Boas et al 2011
3124 Part of book
Gilbert Bitti Two bones of Contention between Civil and Common Law The Record of the
Proceedings and the Treatment of the Concursus Delictorum Horst FischerClaus KreszligSascha
Rolf Luumlder (Eds) International and national prosecution of crimes under International Law
273-288 Second Edition Berliner Wissenschafts-Verlag Berlin 2004
Short form Bitti 2004
Several editors (three or more) Peter Malanczuk Protection of National Security Interests Antonio Cassese et al (Eds) The
Rome Statute of the International Criminal Court 1371-1386 Oxford University Press
Oxford 2002
Short form Malanczuk 2002
3125 Case law
ICTY (and other international criminal tribunals)
Prosecutor v Tadić (Case No IT-94-1) ICTY T Ch Decision on the Defence Motions to
Summon and Protect Defence Witnesses and on the Giving of Evidence by Video-link 25
June 1996
Short form Tadić ICTY T Ch 25 June 1996
ICC (pls include document number as indicated below)
Prosecutor v Lubanga ICC PT Ch I Second Decision on the Prosecution Requests and
Amended Requests for Redactions under Rule 81 ICC-0104-0106-455 20 September 2006
Short form Lubanga ICC PT Ch I 20 September 2006
ICJ
Corfu Channel (United Kingdom of Great Britain and Northern Ireland v Albania) ICJ
Judgment 9 April 1949
Short form Corfu Channel ICJ 9 April 1949
ECtHR (and other human rights courts)
Doorson v The Netherlands (Application No 2052492) ECtHR Judgment 26 March 1996
Short form Doorson v The Netherlands ECtHR 26 March 1996
Human Rights Committee
12
Wolf v Panama (Communication No 2891988) HRC Views 26 March 1992
Short form Wolf v Panama HRC 26 March 1992
3126 Treaties
European convention for the Protection of Human Rights and Fundamental Freedoms
adopted 4 November 1950 as amended by Protocol No 11 and 14 213 UNTS 221
Short form ECHR
Charter of Fundamental Rights of the European Union published 26 October 2012 C 326391
Short form EU Charter of Rights
3127 Internet sources
Internet sources can be used with the following guidelines
If the source is available in printed form as well as on internet use the format
indicated in 3121-3126 do not indicate internetaddress This is relevant for
example in relation to case law and articles in journals which you can assume exist in
printed form In other words even if you find a case or article in a journal though
internet treat them as printed sources
It is not enough to indicate on which website you find some information for example
wwwunorg is an uncomplete reference A reader will not be able to find check and
read such a reference
By the same reasoning it is not enough with a reference only consisting of an
internetaddress because they may change
Thus if you use a reference from internet indicate the author (if applicable)
organization or equivalent that is the ownerpublisher of the website title of the
relevant page on the website date when the page was published (if date is indicated
on the website) internetaddreess last date when you visited the website - as done in
the following example
Ban Ki-moon United Nations Department of Public Information UN Saddened by Coal Mine
Tragedy Secretary-General Says he Stands Together with People of Turkey 15 May 2014 lt
httpwwwunorgNewsPressdocs2014sgsm15845dochtmgt checked 16 May 2014
Short form Ban Ki-moon 2014
3128 Plagiarism
You may never use any source or copy from the internet without referencing in the
main text footnotes andor in endnotes We check all writing including the motions
and individual essays with anti-plagiarism software and any form of plagiarism
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
6
Participation in the
Proceeding and
Reparations
PART V General principles of international criminal law and general matters
Lecture Command
Responsibility
Barbara Goy Ch 157 CLICC Article 28
Seminar 7 Modes of
Participation
Barbara Goy Ch 151-156
Tutorial
CLICC Article 25
Seminar 8 Grounds for
excluding Criminal
Responsibility + mens
rea
Nikola Hajdin Ch 16
p 381-384
CLICC Articles 30-33
Seminar 9 Prosecutorial
Strategies
Complementary Peace
vs Justice
Nikola Hajdin Ch 175 22
pp 40-41
Tutorial
CLICC Articles 16 and 17
53
Seminar 10 Scholarly
and Critical Approaches
to International Criminal
Justice
Mark
Klamberg
Ch 24 23
Tutorial
CLICC Articles 30-33
PART VI Moot court and examination
Introduction to moot
court
Nikola Hajdin Moot court material
Moot court RPE
Drafting individual
essays and motions plus
legal tools
Mark
Klamberg
Course guide chapter 3
CLICC
Oral advocacy for the
moot court
Barbara Goy
Moot court Mark
Klamberg
Johan
Hirschfeldt
Essay
Exam
23 Oral and written exercises
See below section 3
24 Mandatory elements
Please note that that introduction to the course seminar with President de
Gurmendi and participation in the moot court with related written exercises are
7
mandatory Active attendance on seminars with tutorials (see section 32) each
gives an additional 2 point
25 International and comparative elements
All of the elements are international There are elements of comparative law when
dealing with criminalized acts modes of participation general principles of criminal
law and criminal procedure
26 Interaction with surrounding society
The course continuously deals with political social and economical issues related to
international criminal justice not least when the students writes individual essays
focused on a chosen problem Several of the lectures have lengthy practical
experience which is shared with the students
27 Relation to other courses
This is one of the specialized and advanced courses which are offered to exchange
students and Swedish students during the end of the law programme The course
connects to previous courses in the law programme such as Criminal Law (straffraumltt)
Procedural Law (processeraumltt) and Public International Law (folkraumltt)
The course may from Autumn 2016 be part of the study year (studiearingr) ldquoPublic
International Law and the Individualrdquo (Folkraumltten och individen) which includes two
specialized courses and a thesis (30 credits) The specialized courses consists of
Human Rights in a Global Perspectiverdquo (15 credits) and rdquoInternational Criminal
Lawrdquo (15 credits) Nota bene this study year is only available for students who are
registered and writing their final thesis within the law programme (45 years) at
Stockholm University
28 Course literature and source material
- Cryer Robert Friman Haringkan Robinson Darryl amp Wilmshurst Elizabeth An
Introduction to International Criminal Law and Procedure Cambridge University
Press Cambridge third edition 2014
- International Criminal Law- Selected Documents
Commentary on the Law of the ICC available at httpwwwcmn-khorgCLICC
Course literature is available at Juristernas bokhandel but only to a limited extent
8
29 Optional reading
Power and Law in International Society International relations as the Sociology of
International Law Mark Klamberg Routledge 2015 182 pp chapters 1 2 and 6
available as e-book through the Stockholm University Library website
210 Preparations for teaching
Teaching and learning in this course is 1) partly carried out in the form of traditional
lectures with discussions and 2) partly pursuant to problem based learning (PBL)
For the traditional lectures students are expected to have studied the relevant
materials of the course ahead of each lecture at least in a cursory manner This is the
traditional lecture-textbook method Any slides or notes used by a lecturer will be
posted on the web site For readings instructions please see above section 2 The
table under 22 contains detailed references to the literature and source material for
each lectureseminar
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
PBL is a student-centered pedagogy in which students learn about a subject through
the experience of problem solving and high degree of participation With traditional
learning teachers can arguably teach 1) knowledge and 2) comprehension PBL help
students to move up the ladder of more advance types of learning such as 3)
application 4) analysis 5) synthesis and 6) evaluation The PBL method is sometimes
called the case method This explained by the fact that the PBL method may often
9
include reading adjudicated cases However the problem method is different in the
sense that it is not based solely adjudicated cases but on cases created specifically for
this purpose Each case contains raw facts which the students study solve and
discuss in class PBL in this course consists of writing motions and participating in an
oral moot court Participation in the moot court is mandatory
3 Assignments and examination
31 General
311 Examination
The course is examined through the moot court with two written exercise an
individual essay and a written exam
Please note that the grading is anonymous as far as possible Each student will
receive a code to be used on individual written assignments
The maximum score is as follows
Individual paper 20 pts
Moot court
Motion 1 10 pts
Motion 2 10 pts
Oral presentation 5 pts
Tutorials
Memo 10 pts
Active participation 10 pts
Written exam 35 pts
TOTAL 100 pts
Swedish grade
AB= 91-100
Ba= 71-90
B= 55-70
ECTS-grade
A= 96-100
B= 91-95
C= 91-90
D= 71-80
E= 55-70
10
- - - - - - - -
FX= Fail
F= Fail
These limits may be revised but only downwards
312 Citation
3121 Format of sources
You can choose whether to use Oxford referencing style or Harvard referencing style
Oxford referencing references are in footnotes The first time a source is used use
the full reference In subsequent references use ibid if it is the immediately
subsequent footnote otherwise use short form In addition to footnotes you should
also indicate the full reference in bibliography at the end of the text
Harvard referencing references are embedded in the text in short form and enclosed
in parenthesis either within or after a sentence for example (Sluiter 2002 p 35) In
addition to references embedded in the text you should also indicate the full
reference in bibliography at the end of the text
Legal texts normally use Oxford referencing social sciences use Harvard referencing
Since this is text combining law and political science you can choose which style to
use However it is important that you are consistent and stick to the one referencing
style throughout the entire text donrsquot mix the two styles
3122 Monography
Goumlran Sluiter International Criminal Adjudication and the Collection of Evidence Obligations of
States Intersentia AntwerpenOxfordNew York 2002
Short form Sluiter 2002
3123 Article in journal
Michela Miraglia Admissibility of Evidence Standard of Proof and Nature of the Decision in the
ICC Confirmation of Charges in Lubanga Journal of International Criminal Justice vol 6 3
(2008) 489-503
Short form Miraglia 2008
Several authors (three or more) Gideon Boas et al International Criminal Law Practitioner
Library International Criminal Procedure Volume 3 Cambridge University Press Cambridge
2011
11
Short form Boas et al 2011
3124 Part of book
Gilbert Bitti Two bones of Contention between Civil and Common Law The Record of the
Proceedings and the Treatment of the Concursus Delictorum Horst FischerClaus KreszligSascha
Rolf Luumlder (Eds) International and national prosecution of crimes under International Law
273-288 Second Edition Berliner Wissenschafts-Verlag Berlin 2004
Short form Bitti 2004
Several editors (three or more) Peter Malanczuk Protection of National Security Interests Antonio Cassese et al (Eds) The
Rome Statute of the International Criminal Court 1371-1386 Oxford University Press
Oxford 2002
Short form Malanczuk 2002
3125 Case law
ICTY (and other international criminal tribunals)
Prosecutor v Tadić (Case No IT-94-1) ICTY T Ch Decision on the Defence Motions to
Summon and Protect Defence Witnesses and on the Giving of Evidence by Video-link 25
June 1996
Short form Tadić ICTY T Ch 25 June 1996
ICC (pls include document number as indicated below)
Prosecutor v Lubanga ICC PT Ch I Second Decision on the Prosecution Requests and
Amended Requests for Redactions under Rule 81 ICC-0104-0106-455 20 September 2006
Short form Lubanga ICC PT Ch I 20 September 2006
ICJ
Corfu Channel (United Kingdom of Great Britain and Northern Ireland v Albania) ICJ
Judgment 9 April 1949
Short form Corfu Channel ICJ 9 April 1949
ECtHR (and other human rights courts)
Doorson v The Netherlands (Application No 2052492) ECtHR Judgment 26 March 1996
Short form Doorson v The Netherlands ECtHR 26 March 1996
Human Rights Committee
12
Wolf v Panama (Communication No 2891988) HRC Views 26 March 1992
Short form Wolf v Panama HRC 26 March 1992
3126 Treaties
European convention for the Protection of Human Rights and Fundamental Freedoms
adopted 4 November 1950 as amended by Protocol No 11 and 14 213 UNTS 221
Short form ECHR
Charter of Fundamental Rights of the European Union published 26 October 2012 C 326391
Short form EU Charter of Rights
3127 Internet sources
Internet sources can be used with the following guidelines
If the source is available in printed form as well as on internet use the format
indicated in 3121-3126 do not indicate internetaddress This is relevant for
example in relation to case law and articles in journals which you can assume exist in
printed form In other words even if you find a case or article in a journal though
internet treat them as printed sources
It is not enough to indicate on which website you find some information for example
wwwunorg is an uncomplete reference A reader will not be able to find check and
read such a reference
By the same reasoning it is not enough with a reference only consisting of an
internetaddress because they may change
Thus if you use a reference from internet indicate the author (if applicable)
organization or equivalent that is the ownerpublisher of the website title of the
relevant page on the website date when the page was published (if date is indicated
on the website) internetaddreess last date when you visited the website - as done in
the following example
Ban Ki-moon United Nations Department of Public Information UN Saddened by Coal Mine
Tragedy Secretary-General Says he Stands Together with People of Turkey 15 May 2014 lt
httpwwwunorgNewsPressdocs2014sgsm15845dochtmgt checked 16 May 2014
Short form Ban Ki-moon 2014
3128 Plagiarism
You may never use any source or copy from the internet without referencing in the
main text footnotes andor in endnotes We check all writing including the motions
and individual essays with anti-plagiarism software and any form of plagiarism
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
7
mandatory Active attendance on seminars with tutorials (see section 32) each
gives an additional 2 point
25 International and comparative elements
All of the elements are international There are elements of comparative law when
dealing with criminalized acts modes of participation general principles of criminal
law and criminal procedure
26 Interaction with surrounding society
The course continuously deals with political social and economical issues related to
international criminal justice not least when the students writes individual essays
focused on a chosen problem Several of the lectures have lengthy practical
experience which is shared with the students
27 Relation to other courses
This is one of the specialized and advanced courses which are offered to exchange
students and Swedish students during the end of the law programme The course
connects to previous courses in the law programme such as Criminal Law (straffraumltt)
Procedural Law (processeraumltt) and Public International Law (folkraumltt)
The course may from Autumn 2016 be part of the study year (studiearingr) ldquoPublic
International Law and the Individualrdquo (Folkraumltten och individen) which includes two
specialized courses and a thesis (30 credits) The specialized courses consists of
Human Rights in a Global Perspectiverdquo (15 credits) and rdquoInternational Criminal
Lawrdquo (15 credits) Nota bene this study year is only available for students who are
registered and writing their final thesis within the law programme (45 years) at
Stockholm University
28 Course literature and source material
- Cryer Robert Friman Haringkan Robinson Darryl amp Wilmshurst Elizabeth An
Introduction to International Criminal Law and Procedure Cambridge University
Press Cambridge third edition 2014
- International Criminal Law- Selected Documents
Commentary on the Law of the ICC available at httpwwwcmn-khorgCLICC
Course literature is available at Juristernas bokhandel but only to a limited extent
8
29 Optional reading
Power and Law in International Society International relations as the Sociology of
International Law Mark Klamberg Routledge 2015 182 pp chapters 1 2 and 6
available as e-book through the Stockholm University Library website
210 Preparations for teaching
Teaching and learning in this course is 1) partly carried out in the form of traditional
lectures with discussions and 2) partly pursuant to problem based learning (PBL)
For the traditional lectures students are expected to have studied the relevant
materials of the course ahead of each lecture at least in a cursory manner This is the
traditional lecture-textbook method Any slides or notes used by a lecturer will be
posted on the web site For readings instructions please see above section 2 The
table under 22 contains detailed references to the literature and source material for
each lectureseminar
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
PBL is a student-centered pedagogy in which students learn about a subject through
the experience of problem solving and high degree of participation With traditional
learning teachers can arguably teach 1) knowledge and 2) comprehension PBL help
students to move up the ladder of more advance types of learning such as 3)
application 4) analysis 5) synthesis and 6) evaluation The PBL method is sometimes
called the case method This explained by the fact that the PBL method may often
9
include reading adjudicated cases However the problem method is different in the
sense that it is not based solely adjudicated cases but on cases created specifically for
this purpose Each case contains raw facts which the students study solve and
discuss in class PBL in this course consists of writing motions and participating in an
oral moot court Participation in the moot court is mandatory
3 Assignments and examination
31 General
311 Examination
The course is examined through the moot court with two written exercise an
individual essay and a written exam
Please note that the grading is anonymous as far as possible Each student will
receive a code to be used on individual written assignments
The maximum score is as follows
Individual paper 20 pts
Moot court
Motion 1 10 pts
Motion 2 10 pts
Oral presentation 5 pts
Tutorials
Memo 10 pts
Active participation 10 pts
Written exam 35 pts
TOTAL 100 pts
Swedish grade
AB= 91-100
Ba= 71-90
B= 55-70
ECTS-grade
A= 96-100
B= 91-95
C= 91-90
D= 71-80
E= 55-70
10
- - - - - - - -
FX= Fail
F= Fail
These limits may be revised but only downwards
312 Citation
3121 Format of sources
You can choose whether to use Oxford referencing style or Harvard referencing style
Oxford referencing references are in footnotes The first time a source is used use
the full reference In subsequent references use ibid if it is the immediately
subsequent footnote otherwise use short form In addition to footnotes you should
also indicate the full reference in bibliography at the end of the text
Harvard referencing references are embedded in the text in short form and enclosed
in parenthesis either within or after a sentence for example (Sluiter 2002 p 35) In
addition to references embedded in the text you should also indicate the full
reference in bibliography at the end of the text
Legal texts normally use Oxford referencing social sciences use Harvard referencing
Since this is text combining law and political science you can choose which style to
use However it is important that you are consistent and stick to the one referencing
style throughout the entire text donrsquot mix the two styles
3122 Monography
Goumlran Sluiter International Criminal Adjudication and the Collection of Evidence Obligations of
States Intersentia AntwerpenOxfordNew York 2002
Short form Sluiter 2002
3123 Article in journal
Michela Miraglia Admissibility of Evidence Standard of Proof and Nature of the Decision in the
ICC Confirmation of Charges in Lubanga Journal of International Criminal Justice vol 6 3
(2008) 489-503
Short form Miraglia 2008
Several authors (three or more) Gideon Boas et al International Criminal Law Practitioner
Library International Criminal Procedure Volume 3 Cambridge University Press Cambridge
2011
11
Short form Boas et al 2011
3124 Part of book
Gilbert Bitti Two bones of Contention between Civil and Common Law The Record of the
Proceedings and the Treatment of the Concursus Delictorum Horst FischerClaus KreszligSascha
Rolf Luumlder (Eds) International and national prosecution of crimes under International Law
273-288 Second Edition Berliner Wissenschafts-Verlag Berlin 2004
Short form Bitti 2004
Several editors (three or more) Peter Malanczuk Protection of National Security Interests Antonio Cassese et al (Eds) The
Rome Statute of the International Criminal Court 1371-1386 Oxford University Press
Oxford 2002
Short form Malanczuk 2002
3125 Case law
ICTY (and other international criminal tribunals)
Prosecutor v Tadić (Case No IT-94-1) ICTY T Ch Decision on the Defence Motions to
Summon and Protect Defence Witnesses and on the Giving of Evidence by Video-link 25
June 1996
Short form Tadić ICTY T Ch 25 June 1996
ICC (pls include document number as indicated below)
Prosecutor v Lubanga ICC PT Ch I Second Decision on the Prosecution Requests and
Amended Requests for Redactions under Rule 81 ICC-0104-0106-455 20 September 2006
Short form Lubanga ICC PT Ch I 20 September 2006
ICJ
Corfu Channel (United Kingdom of Great Britain and Northern Ireland v Albania) ICJ
Judgment 9 April 1949
Short form Corfu Channel ICJ 9 April 1949
ECtHR (and other human rights courts)
Doorson v The Netherlands (Application No 2052492) ECtHR Judgment 26 March 1996
Short form Doorson v The Netherlands ECtHR 26 March 1996
Human Rights Committee
12
Wolf v Panama (Communication No 2891988) HRC Views 26 March 1992
Short form Wolf v Panama HRC 26 March 1992
3126 Treaties
European convention for the Protection of Human Rights and Fundamental Freedoms
adopted 4 November 1950 as amended by Protocol No 11 and 14 213 UNTS 221
Short form ECHR
Charter of Fundamental Rights of the European Union published 26 October 2012 C 326391
Short form EU Charter of Rights
3127 Internet sources
Internet sources can be used with the following guidelines
If the source is available in printed form as well as on internet use the format
indicated in 3121-3126 do not indicate internetaddress This is relevant for
example in relation to case law and articles in journals which you can assume exist in
printed form In other words even if you find a case or article in a journal though
internet treat them as printed sources
It is not enough to indicate on which website you find some information for example
wwwunorg is an uncomplete reference A reader will not be able to find check and
read such a reference
By the same reasoning it is not enough with a reference only consisting of an
internetaddress because they may change
Thus if you use a reference from internet indicate the author (if applicable)
organization or equivalent that is the ownerpublisher of the website title of the
relevant page on the website date when the page was published (if date is indicated
on the website) internetaddreess last date when you visited the website - as done in
the following example
Ban Ki-moon United Nations Department of Public Information UN Saddened by Coal Mine
Tragedy Secretary-General Says he Stands Together with People of Turkey 15 May 2014 lt
httpwwwunorgNewsPressdocs2014sgsm15845dochtmgt checked 16 May 2014
Short form Ban Ki-moon 2014
3128 Plagiarism
You may never use any source or copy from the internet without referencing in the
main text footnotes andor in endnotes We check all writing including the motions
and individual essays with anti-plagiarism software and any form of plagiarism
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
8
29 Optional reading
Power and Law in International Society International relations as the Sociology of
International Law Mark Klamberg Routledge 2015 182 pp chapters 1 2 and 6
available as e-book through the Stockholm University Library website
210 Preparations for teaching
Teaching and learning in this course is 1) partly carried out in the form of traditional
lectures with discussions and 2) partly pursuant to problem based learning (PBL)
For the traditional lectures students are expected to have studied the relevant
materials of the course ahead of each lecture at least in a cursory manner This is the
traditional lecture-textbook method Any slides or notes used by a lecturer will be
posted on the web site For readings instructions please see above section 2 The
table under 22 contains detailed references to the literature and source material for
each lectureseminar
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
PBL is a student-centered pedagogy in which students learn about a subject through
the experience of problem solving and high degree of participation With traditional
learning teachers can arguably teach 1) knowledge and 2) comprehension PBL help
students to move up the ladder of more advance types of learning such as 3)
application 4) analysis 5) synthesis and 6) evaluation The PBL method is sometimes
called the case method This explained by the fact that the PBL method may often
9
include reading adjudicated cases However the problem method is different in the
sense that it is not based solely adjudicated cases but on cases created specifically for
this purpose Each case contains raw facts which the students study solve and
discuss in class PBL in this course consists of writing motions and participating in an
oral moot court Participation in the moot court is mandatory
3 Assignments and examination
31 General
311 Examination
The course is examined through the moot court with two written exercise an
individual essay and a written exam
Please note that the grading is anonymous as far as possible Each student will
receive a code to be used on individual written assignments
The maximum score is as follows
Individual paper 20 pts
Moot court
Motion 1 10 pts
Motion 2 10 pts
Oral presentation 5 pts
Tutorials
Memo 10 pts
Active participation 10 pts
Written exam 35 pts
TOTAL 100 pts
Swedish grade
AB= 91-100
Ba= 71-90
B= 55-70
ECTS-grade
A= 96-100
B= 91-95
C= 91-90
D= 71-80
E= 55-70
10
- - - - - - - -
FX= Fail
F= Fail
These limits may be revised but only downwards
312 Citation
3121 Format of sources
You can choose whether to use Oxford referencing style or Harvard referencing style
Oxford referencing references are in footnotes The first time a source is used use
the full reference In subsequent references use ibid if it is the immediately
subsequent footnote otherwise use short form In addition to footnotes you should
also indicate the full reference in bibliography at the end of the text
Harvard referencing references are embedded in the text in short form and enclosed
in parenthesis either within or after a sentence for example (Sluiter 2002 p 35) In
addition to references embedded in the text you should also indicate the full
reference in bibliography at the end of the text
Legal texts normally use Oxford referencing social sciences use Harvard referencing
Since this is text combining law and political science you can choose which style to
use However it is important that you are consistent and stick to the one referencing
style throughout the entire text donrsquot mix the two styles
3122 Monography
Goumlran Sluiter International Criminal Adjudication and the Collection of Evidence Obligations of
States Intersentia AntwerpenOxfordNew York 2002
Short form Sluiter 2002
3123 Article in journal
Michela Miraglia Admissibility of Evidence Standard of Proof and Nature of the Decision in the
ICC Confirmation of Charges in Lubanga Journal of International Criminal Justice vol 6 3
(2008) 489-503
Short form Miraglia 2008
Several authors (three or more) Gideon Boas et al International Criminal Law Practitioner
Library International Criminal Procedure Volume 3 Cambridge University Press Cambridge
2011
11
Short form Boas et al 2011
3124 Part of book
Gilbert Bitti Two bones of Contention between Civil and Common Law The Record of the
Proceedings and the Treatment of the Concursus Delictorum Horst FischerClaus KreszligSascha
Rolf Luumlder (Eds) International and national prosecution of crimes under International Law
273-288 Second Edition Berliner Wissenschafts-Verlag Berlin 2004
Short form Bitti 2004
Several editors (three or more) Peter Malanczuk Protection of National Security Interests Antonio Cassese et al (Eds) The
Rome Statute of the International Criminal Court 1371-1386 Oxford University Press
Oxford 2002
Short form Malanczuk 2002
3125 Case law
ICTY (and other international criminal tribunals)
Prosecutor v Tadić (Case No IT-94-1) ICTY T Ch Decision on the Defence Motions to
Summon and Protect Defence Witnesses and on the Giving of Evidence by Video-link 25
June 1996
Short form Tadić ICTY T Ch 25 June 1996
ICC (pls include document number as indicated below)
Prosecutor v Lubanga ICC PT Ch I Second Decision on the Prosecution Requests and
Amended Requests for Redactions under Rule 81 ICC-0104-0106-455 20 September 2006
Short form Lubanga ICC PT Ch I 20 September 2006
ICJ
Corfu Channel (United Kingdom of Great Britain and Northern Ireland v Albania) ICJ
Judgment 9 April 1949
Short form Corfu Channel ICJ 9 April 1949
ECtHR (and other human rights courts)
Doorson v The Netherlands (Application No 2052492) ECtHR Judgment 26 March 1996
Short form Doorson v The Netherlands ECtHR 26 March 1996
Human Rights Committee
12
Wolf v Panama (Communication No 2891988) HRC Views 26 March 1992
Short form Wolf v Panama HRC 26 March 1992
3126 Treaties
European convention for the Protection of Human Rights and Fundamental Freedoms
adopted 4 November 1950 as amended by Protocol No 11 and 14 213 UNTS 221
Short form ECHR
Charter of Fundamental Rights of the European Union published 26 October 2012 C 326391
Short form EU Charter of Rights
3127 Internet sources
Internet sources can be used with the following guidelines
If the source is available in printed form as well as on internet use the format
indicated in 3121-3126 do not indicate internetaddress This is relevant for
example in relation to case law and articles in journals which you can assume exist in
printed form In other words even if you find a case or article in a journal though
internet treat them as printed sources
It is not enough to indicate on which website you find some information for example
wwwunorg is an uncomplete reference A reader will not be able to find check and
read such a reference
By the same reasoning it is not enough with a reference only consisting of an
internetaddress because they may change
Thus if you use a reference from internet indicate the author (if applicable)
organization or equivalent that is the ownerpublisher of the website title of the
relevant page on the website date when the page was published (if date is indicated
on the website) internetaddreess last date when you visited the website - as done in
the following example
Ban Ki-moon United Nations Department of Public Information UN Saddened by Coal Mine
Tragedy Secretary-General Says he Stands Together with People of Turkey 15 May 2014 lt
httpwwwunorgNewsPressdocs2014sgsm15845dochtmgt checked 16 May 2014
Short form Ban Ki-moon 2014
3128 Plagiarism
You may never use any source or copy from the internet without referencing in the
main text footnotes andor in endnotes We check all writing including the motions
and individual essays with anti-plagiarism software and any form of plagiarism
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
9
include reading adjudicated cases However the problem method is different in the
sense that it is not based solely adjudicated cases but on cases created specifically for
this purpose Each case contains raw facts which the students study solve and
discuss in class PBL in this course consists of writing motions and participating in an
oral moot court Participation in the moot court is mandatory
3 Assignments and examination
31 General
311 Examination
The course is examined through the moot court with two written exercise an
individual essay and a written exam
Please note that the grading is anonymous as far as possible Each student will
receive a code to be used on individual written assignments
The maximum score is as follows
Individual paper 20 pts
Moot court
Motion 1 10 pts
Motion 2 10 pts
Oral presentation 5 pts
Tutorials
Memo 10 pts
Active participation 10 pts
Written exam 35 pts
TOTAL 100 pts
Swedish grade
AB= 91-100
Ba= 71-90
B= 55-70
ECTS-grade
A= 96-100
B= 91-95
C= 91-90
D= 71-80
E= 55-70
10
- - - - - - - -
FX= Fail
F= Fail
These limits may be revised but only downwards
312 Citation
3121 Format of sources
You can choose whether to use Oxford referencing style or Harvard referencing style
Oxford referencing references are in footnotes The first time a source is used use
the full reference In subsequent references use ibid if it is the immediately
subsequent footnote otherwise use short form In addition to footnotes you should
also indicate the full reference in bibliography at the end of the text
Harvard referencing references are embedded in the text in short form and enclosed
in parenthesis either within or after a sentence for example (Sluiter 2002 p 35) In
addition to references embedded in the text you should also indicate the full
reference in bibliography at the end of the text
Legal texts normally use Oxford referencing social sciences use Harvard referencing
Since this is text combining law and political science you can choose which style to
use However it is important that you are consistent and stick to the one referencing
style throughout the entire text donrsquot mix the two styles
3122 Monography
Goumlran Sluiter International Criminal Adjudication and the Collection of Evidence Obligations of
States Intersentia AntwerpenOxfordNew York 2002
Short form Sluiter 2002
3123 Article in journal
Michela Miraglia Admissibility of Evidence Standard of Proof and Nature of the Decision in the
ICC Confirmation of Charges in Lubanga Journal of International Criminal Justice vol 6 3
(2008) 489-503
Short form Miraglia 2008
Several authors (three or more) Gideon Boas et al International Criminal Law Practitioner
Library International Criminal Procedure Volume 3 Cambridge University Press Cambridge
2011
11
Short form Boas et al 2011
3124 Part of book
Gilbert Bitti Two bones of Contention between Civil and Common Law The Record of the
Proceedings and the Treatment of the Concursus Delictorum Horst FischerClaus KreszligSascha
Rolf Luumlder (Eds) International and national prosecution of crimes under International Law
273-288 Second Edition Berliner Wissenschafts-Verlag Berlin 2004
Short form Bitti 2004
Several editors (three or more) Peter Malanczuk Protection of National Security Interests Antonio Cassese et al (Eds) The
Rome Statute of the International Criminal Court 1371-1386 Oxford University Press
Oxford 2002
Short form Malanczuk 2002
3125 Case law
ICTY (and other international criminal tribunals)
Prosecutor v Tadić (Case No IT-94-1) ICTY T Ch Decision on the Defence Motions to
Summon and Protect Defence Witnesses and on the Giving of Evidence by Video-link 25
June 1996
Short form Tadić ICTY T Ch 25 June 1996
ICC (pls include document number as indicated below)
Prosecutor v Lubanga ICC PT Ch I Second Decision on the Prosecution Requests and
Amended Requests for Redactions under Rule 81 ICC-0104-0106-455 20 September 2006
Short form Lubanga ICC PT Ch I 20 September 2006
ICJ
Corfu Channel (United Kingdom of Great Britain and Northern Ireland v Albania) ICJ
Judgment 9 April 1949
Short form Corfu Channel ICJ 9 April 1949
ECtHR (and other human rights courts)
Doorson v The Netherlands (Application No 2052492) ECtHR Judgment 26 March 1996
Short form Doorson v The Netherlands ECtHR 26 March 1996
Human Rights Committee
12
Wolf v Panama (Communication No 2891988) HRC Views 26 March 1992
Short form Wolf v Panama HRC 26 March 1992
3126 Treaties
European convention for the Protection of Human Rights and Fundamental Freedoms
adopted 4 November 1950 as amended by Protocol No 11 and 14 213 UNTS 221
Short form ECHR
Charter of Fundamental Rights of the European Union published 26 October 2012 C 326391
Short form EU Charter of Rights
3127 Internet sources
Internet sources can be used with the following guidelines
If the source is available in printed form as well as on internet use the format
indicated in 3121-3126 do not indicate internetaddress This is relevant for
example in relation to case law and articles in journals which you can assume exist in
printed form In other words even if you find a case or article in a journal though
internet treat them as printed sources
It is not enough to indicate on which website you find some information for example
wwwunorg is an uncomplete reference A reader will not be able to find check and
read such a reference
By the same reasoning it is not enough with a reference only consisting of an
internetaddress because they may change
Thus if you use a reference from internet indicate the author (if applicable)
organization or equivalent that is the ownerpublisher of the website title of the
relevant page on the website date when the page was published (if date is indicated
on the website) internetaddreess last date when you visited the website - as done in
the following example
Ban Ki-moon United Nations Department of Public Information UN Saddened by Coal Mine
Tragedy Secretary-General Says he Stands Together with People of Turkey 15 May 2014 lt
httpwwwunorgNewsPressdocs2014sgsm15845dochtmgt checked 16 May 2014
Short form Ban Ki-moon 2014
3128 Plagiarism
You may never use any source or copy from the internet without referencing in the
main text footnotes andor in endnotes We check all writing including the motions
and individual essays with anti-plagiarism software and any form of plagiarism
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
10
- - - - - - - -
FX= Fail
F= Fail
These limits may be revised but only downwards
312 Citation
3121 Format of sources
You can choose whether to use Oxford referencing style or Harvard referencing style
Oxford referencing references are in footnotes The first time a source is used use
the full reference In subsequent references use ibid if it is the immediately
subsequent footnote otherwise use short form In addition to footnotes you should
also indicate the full reference in bibliography at the end of the text
Harvard referencing references are embedded in the text in short form and enclosed
in parenthesis either within or after a sentence for example (Sluiter 2002 p 35) In
addition to references embedded in the text you should also indicate the full
reference in bibliography at the end of the text
Legal texts normally use Oxford referencing social sciences use Harvard referencing
Since this is text combining law and political science you can choose which style to
use However it is important that you are consistent and stick to the one referencing
style throughout the entire text donrsquot mix the two styles
3122 Monography
Goumlran Sluiter International Criminal Adjudication and the Collection of Evidence Obligations of
States Intersentia AntwerpenOxfordNew York 2002
Short form Sluiter 2002
3123 Article in journal
Michela Miraglia Admissibility of Evidence Standard of Proof and Nature of the Decision in the
ICC Confirmation of Charges in Lubanga Journal of International Criminal Justice vol 6 3
(2008) 489-503
Short form Miraglia 2008
Several authors (three or more) Gideon Boas et al International Criminal Law Practitioner
Library International Criminal Procedure Volume 3 Cambridge University Press Cambridge
2011
11
Short form Boas et al 2011
3124 Part of book
Gilbert Bitti Two bones of Contention between Civil and Common Law The Record of the
Proceedings and the Treatment of the Concursus Delictorum Horst FischerClaus KreszligSascha
Rolf Luumlder (Eds) International and national prosecution of crimes under International Law
273-288 Second Edition Berliner Wissenschafts-Verlag Berlin 2004
Short form Bitti 2004
Several editors (three or more) Peter Malanczuk Protection of National Security Interests Antonio Cassese et al (Eds) The
Rome Statute of the International Criminal Court 1371-1386 Oxford University Press
Oxford 2002
Short form Malanczuk 2002
3125 Case law
ICTY (and other international criminal tribunals)
Prosecutor v Tadić (Case No IT-94-1) ICTY T Ch Decision on the Defence Motions to
Summon and Protect Defence Witnesses and on the Giving of Evidence by Video-link 25
June 1996
Short form Tadić ICTY T Ch 25 June 1996
ICC (pls include document number as indicated below)
Prosecutor v Lubanga ICC PT Ch I Second Decision on the Prosecution Requests and
Amended Requests for Redactions under Rule 81 ICC-0104-0106-455 20 September 2006
Short form Lubanga ICC PT Ch I 20 September 2006
ICJ
Corfu Channel (United Kingdom of Great Britain and Northern Ireland v Albania) ICJ
Judgment 9 April 1949
Short form Corfu Channel ICJ 9 April 1949
ECtHR (and other human rights courts)
Doorson v The Netherlands (Application No 2052492) ECtHR Judgment 26 March 1996
Short form Doorson v The Netherlands ECtHR 26 March 1996
Human Rights Committee
12
Wolf v Panama (Communication No 2891988) HRC Views 26 March 1992
Short form Wolf v Panama HRC 26 March 1992
3126 Treaties
European convention for the Protection of Human Rights and Fundamental Freedoms
adopted 4 November 1950 as amended by Protocol No 11 and 14 213 UNTS 221
Short form ECHR
Charter of Fundamental Rights of the European Union published 26 October 2012 C 326391
Short form EU Charter of Rights
3127 Internet sources
Internet sources can be used with the following guidelines
If the source is available in printed form as well as on internet use the format
indicated in 3121-3126 do not indicate internetaddress This is relevant for
example in relation to case law and articles in journals which you can assume exist in
printed form In other words even if you find a case or article in a journal though
internet treat them as printed sources
It is not enough to indicate on which website you find some information for example
wwwunorg is an uncomplete reference A reader will not be able to find check and
read such a reference
By the same reasoning it is not enough with a reference only consisting of an
internetaddress because they may change
Thus if you use a reference from internet indicate the author (if applicable)
organization or equivalent that is the ownerpublisher of the website title of the
relevant page on the website date when the page was published (if date is indicated
on the website) internetaddreess last date when you visited the website - as done in
the following example
Ban Ki-moon United Nations Department of Public Information UN Saddened by Coal Mine
Tragedy Secretary-General Says he Stands Together with People of Turkey 15 May 2014 lt
httpwwwunorgNewsPressdocs2014sgsm15845dochtmgt checked 16 May 2014
Short form Ban Ki-moon 2014
3128 Plagiarism
You may never use any source or copy from the internet without referencing in the
main text footnotes andor in endnotes We check all writing including the motions
and individual essays with anti-plagiarism software and any form of plagiarism
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
11
Short form Boas et al 2011
3124 Part of book
Gilbert Bitti Two bones of Contention between Civil and Common Law The Record of the
Proceedings and the Treatment of the Concursus Delictorum Horst FischerClaus KreszligSascha
Rolf Luumlder (Eds) International and national prosecution of crimes under International Law
273-288 Second Edition Berliner Wissenschafts-Verlag Berlin 2004
Short form Bitti 2004
Several editors (three or more) Peter Malanczuk Protection of National Security Interests Antonio Cassese et al (Eds) The
Rome Statute of the International Criminal Court 1371-1386 Oxford University Press
Oxford 2002
Short form Malanczuk 2002
3125 Case law
ICTY (and other international criminal tribunals)
Prosecutor v Tadić (Case No IT-94-1) ICTY T Ch Decision on the Defence Motions to
Summon and Protect Defence Witnesses and on the Giving of Evidence by Video-link 25
June 1996
Short form Tadić ICTY T Ch 25 June 1996
ICC (pls include document number as indicated below)
Prosecutor v Lubanga ICC PT Ch I Second Decision on the Prosecution Requests and
Amended Requests for Redactions under Rule 81 ICC-0104-0106-455 20 September 2006
Short form Lubanga ICC PT Ch I 20 September 2006
ICJ
Corfu Channel (United Kingdom of Great Britain and Northern Ireland v Albania) ICJ
Judgment 9 April 1949
Short form Corfu Channel ICJ 9 April 1949
ECtHR (and other human rights courts)
Doorson v The Netherlands (Application No 2052492) ECtHR Judgment 26 March 1996
Short form Doorson v The Netherlands ECtHR 26 March 1996
Human Rights Committee
12
Wolf v Panama (Communication No 2891988) HRC Views 26 March 1992
Short form Wolf v Panama HRC 26 March 1992
3126 Treaties
European convention for the Protection of Human Rights and Fundamental Freedoms
adopted 4 November 1950 as amended by Protocol No 11 and 14 213 UNTS 221
Short form ECHR
Charter of Fundamental Rights of the European Union published 26 October 2012 C 326391
Short form EU Charter of Rights
3127 Internet sources
Internet sources can be used with the following guidelines
If the source is available in printed form as well as on internet use the format
indicated in 3121-3126 do not indicate internetaddress This is relevant for
example in relation to case law and articles in journals which you can assume exist in
printed form In other words even if you find a case or article in a journal though
internet treat them as printed sources
It is not enough to indicate on which website you find some information for example
wwwunorg is an uncomplete reference A reader will not be able to find check and
read such a reference
By the same reasoning it is not enough with a reference only consisting of an
internetaddress because they may change
Thus if you use a reference from internet indicate the author (if applicable)
organization or equivalent that is the ownerpublisher of the website title of the
relevant page on the website date when the page was published (if date is indicated
on the website) internetaddreess last date when you visited the website - as done in
the following example
Ban Ki-moon United Nations Department of Public Information UN Saddened by Coal Mine
Tragedy Secretary-General Says he Stands Together with People of Turkey 15 May 2014 lt
httpwwwunorgNewsPressdocs2014sgsm15845dochtmgt checked 16 May 2014
Short form Ban Ki-moon 2014
3128 Plagiarism
You may never use any source or copy from the internet without referencing in the
main text footnotes andor in endnotes We check all writing including the motions
and individual essays with anti-plagiarism software and any form of plagiarism
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
12
Wolf v Panama (Communication No 2891988) HRC Views 26 March 1992
Short form Wolf v Panama HRC 26 March 1992
3126 Treaties
European convention for the Protection of Human Rights and Fundamental Freedoms
adopted 4 November 1950 as amended by Protocol No 11 and 14 213 UNTS 221
Short form ECHR
Charter of Fundamental Rights of the European Union published 26 October 2012 C 326391
Short form EU Charter of Rights
3127 Internet sources
Internet sources can be used with the following guidelines
If the source is available in printed form as well as on internet use the format
indicated in 3121-3126 do not indicate internetaddress This is relevant for
example in relation to case law and articles in journals which you can assume exist in
printed form In other words even if you find a case or article in a journal though
internet treat them as printed sources
It is not enough to indicate on which website you find some information for example
wwwunorg is an uncomplete reference A reader will not be able to find check and
read such a reference
By the same reasoning it is not enough with a reference only consisting of an
internetaddress because they may change
Thus if you use a reference from internet indicate the author (if applicable)
organization or equivalent that is the ownerpublisher of the website title of the
relevant page on the website date when the page was published (if date is indicated
on the website) internetaddreess last date when you visited the website - as done in
the following example
Ban Ki-moon United Nations Department of Public Information UN Saddened by Coal Mine
Tragedy Secretary-General Says he Stands Together with People of Turkey 15 May 2014 lt
httpwwwunorgNewsPressdocs2014sgsm15845dochtmgt checked 16 May 2014
Short form Ban Ki-moon 2014
3128 Plagiarism
You may never use any source or copy from the internet without referencing in the
main text footnotes andor in endnotes We check all writing including the motions
and individual essays with anti-plagiarism software and any form of plagiarism
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
13
immediately turns into a formal complaint with Stockholm University If you are
unsure about what is ok and not check with the teacher
To plagiarize is to present content from some others work as your own It is to omit
information on who is the author or where the material originates Plagiarism
includes to copy text in verbatim (in its entirety) as well as presenting results ideas
and conclusions as it is your own Plagiarism can include text as well as other
material such as a picture figure or a diagram
Scholarly work to a large extent builds on the work of others there is nothing wrong
in that Thus how does one avoid plagiarism
- Be careful to always indicate correct references to your sources It is often time
consuming to do that afterwards and there is also a risk that you will omit a
source that you have used Thus write down your references continuously as
you are drafting your text or making notes
- It is allowed to build on the conclusions and analysis of others in such cases
you must indicate who have made these conclusionsanalysis either by a
reference in a footnote or in the main text if it is a principal
conclusionanalysis
- If it is a longer and principal argumentsentences(s) of an author it is suitable
to quote the argumentsentence(s) with a reference in a footnote
- It is approved to use conclusionsanalysis from students essays in such cases
you must make references and work independently in relation to such sources
in the same way as you do with other sources
313 Sources
Tribunals and Courts
3131 Sources of Law
Domestic law normally rely on sources of law such as
1 Statute law (adopted by parliamentcongress)
2 Case law (from courts)
3 Preparatory works (by the Government andor committees)
4 Doctrine (writings of legal scholars who are perceived as authorities)
Different domestic jurisdiction assign different legal value to the sources listed
above for example in the UK case law is relied upon extensively whileas
pereparatory works are perceived as having very lownone value (as a binding
source of law) This may be contrasted with continental European jurisdiction which
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
14
rely more on statute law in some cases on prepatory works (for example
Scandinavia) and less on case law
Under the traditional approach International law has three sources of law (as
emunerated in article 38 of the ICJ Statute)
1 Treaties
2 International customary law
3 General principles of law
Doctrine and case law are not sources of law in themselves they are subsidiary
means for the determination of the rules of law (1-3 above)
Article 21 of the Rome Statute indicates the applicable law for the Court
Instruction Left-click + ctrl to use the links below
3132 International Organizations
Council of Europe (CoE)
United Nations (UN)
United Nations Treaty Collection
International Committe of the Red Cross (ICRC)
3133 Tribunals and Courts
International Court of Justice (ICJ)
International Tribunal for the Law of the Sea (ITLOS)
Court of Justice of the European Union (ECJ)
Administrative Tribunal of the International Labour Organisation
3134 Regional Human Rights Courts
European Court of Human Rights (ECtHR)
Hudoc database
Inter-American Court of Human Rights (IACHR)
African Court on Human and Peoplesrsquo Rights (AfCHPR)
3135 International criminal tribunals and courts
Trial of the Major War Criminals before the International Military Tribunal (IMT)
Database at the Library of Congress
Database Yale University
Trials of War Criminals Before the Nuernberg Military Tribunals Under Control
Council Law No 10 (NMT)
Database at the Library of Congress
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
15
International Criminal Tribunal for Rwanda (ICTR)
Cases
International Criminal Tribunal for the former Yugoslavia (ICTY)
Cases
Court records
Mechanism for International Criminal Tribunals (MICT)
International Criminal Court (ICC)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon (STL)
3136 Library
Stockholm University Library
Libris
3137 Journals
Hein-on-line (access Stockholm University)
Westlaw start (access Stockholm University first log in through the University
library website)
3138 Online commentaries
Commentary on the Law of the International Criminal Court (CLICC)
314 How papers and motions will be evaluated
The papers will be evaluated mainly on the basis of the following criteria (which we
have adopted from the course Law and Information Communication Technology
Assessment criteria)
Grade Criteria AB (A)
An excellently structured reasoning with a clear focus on the central aspects and with a high relevance in light of the questions posed extensive reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
AB (B)
A very well structured reasoning with a clear focus on the central aspects and with a high relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts great ability to engage in abstract reasoning and to make an independent assessment of the problems including critical reflection
BA (C)
A well structured reasoning with a focus on the central aspects and with relevance in the light of the questions posed reference to legal sources and the correct use of relevant facts ability to engage in abstract reasoning and to make independent and balanced assessment of the problems
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
16
BA (D)
A structured and relevant reasoning which covers some of the central aspects in light of the questions posed reference to legal sources and the correct use of relevant facts signs of an ability to engage in abstract reasoning and to make an independent assessment of the problems
B (E)
A transparent reasoning which observes some aspects that are central to the questions posed some reference to legal sources and relevant facts signs of an ability to make an independent assessment of the problems
Fx A reasoning which observes aspects that are central to the questions posed but insufficient reference to legal sources and the relevant facts andor no signs of an ability to make an independent assessment of the problems
F A reproduction of disjointed facts with insufficient reasoning
The symbols in brackets represent the equivalent of the stated grade on the A ndash F scale
In the grading of the papers these criteria will be used although the weight given to
the different criteria will vary depending on the assignment please see further under
each assignment
Please copy the following table and insert it at the end of every paper in this
course This table contains the criteria for grading which will be used in the grading
and it will also facilitate in giving you feedback Please do not forget to pick up your
papers after they have been graded since they contain valuable feedback
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
17
Overall assessment
Method analysis
argumentation
Presentation (focused
clear and logical outline)
Sources (citations use of
relevant material)
Facts knowledge about
the subject
Conclusions critical
reflections
Style
Other comments
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
18
32 Seminars with tutorials
For the following seminars you need to prepare by reading cases and articles as
indicated in tutorials posted on the course website
Seminar 1 War Crimes and IHL + aggression
Seminar 2 Crimes against humanity and genocide
Seminar 3 The Historical Background - The Case of Nuremberg
Seminar 4 Interstate Cooperation + State-international court cooperation +
transnational crimes
Seminar 5 Fundamental feature and General Principle of International Trials +
disclosure
Seminar 6 Protection of Victims their Participation in the Proceeding and
Reparations
Seminar 7 Modes of Participation
Seminar 8 Grounds for excluding Criminal Responsibility + mens rea +
Seminar 9 Prosecutorial Strategies Complementary Peace vs Justice
Seminar 10 Scholarly and Critical Approaches to International Criminal
Justice
Two seminars with tutorials are held every week typically Tuesday and Thursday
for five weeks of the course Please check course schedule for potential
changesdeviations
The seminars are intended to deepen students understanding through critical
analysis and the questions are guidance for a general discussion following the
questions
Active attendance on seminars with tutorials each gives an additional 2 points
Active attendance means that every student needs to submit a memo with 1-2 pages
where you answer the questions for the seminar (1 point) and participate in the
discussion at the seminar (1 point)
You shall submit the memo via Fastreg Forum where an automatic check for
plagiarism is made It is alright if you discuss the seminar the questions and your
answers with other students before the seminar you can do it in the same groups as
assigned for the moot court However you shall not submit identical memos ndash you
shall write them individually The teacher will not grade the memos it is only to
check who has submitted memos and that they are not identical to each other The
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
19
purpose of the memo is that all students should be prepared to participate in the
seminar
33 Moot court
See separate documents posted on the course website
1 Cases
2 Rules of Procedure Moot court
34 Individual essay
The third assignment is an essay in which you are expected to write in the field of
international criminal law
341 Topic of the individual essay
Below you will find some topics that will give you an opportunity to refer to several
different areas of international criminal law
Legal sources and other sources have to be properly referenced Consult section 53
in this document
Suggested paper topics
Command Responsibility
Immunities of Heads of State
Complementarity
Conflicts and IHL
Operation Cast Lead 2008-09
Georgia-Russia 2008
Libya 2011
Iraq 2003
Syria 2011-
Genocide and crimes against humanity
Khmer Rouge 1975-1979
The Anfal Campaign 1986-1989
Holodomor Ukrainian SSR 1932ndash1933
Srebrenica 1995
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
20
Armenia WW I
The Holocaust
Darfur 2003
The crime of aggression
Trafficking as an international crime
Crimes against women
Truth and reconciliation commissions
Principles of jurisdiction
Domestic implementation of international criminal law ndash write about your
own country
Cases concerning ICL in domestic courts ndash write about a case from your
country
Enforcement of non-cooperation of states with ad hoc tribunalsICC
The standard ldquobeyond reasonable doubtrdquo
The hybrid nature of international criminal procedure
The Role of the Prosecutor at the ad hoc tribunalsICC
Access to documents and materials (disclosuredossier system)
Further topics may be added to this list as suggested by students and approved by
Dr Klamberg
It is strongly suggested that you start to take down notes on your own thoughts on
your chosen topic as soon as possible
342 What the individual essay should contain
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
21
Your essay should contain the following
1 You should state a puzzle (dilemma or problem) A good puzzle is
something that appears to be a contradiction The purpose of the essay is
to solve the contradiction
2 You should state purpose of the essay and research questions
The purpose should relate to explain why you have chosen the actual
topic what you want to achieve for example if you want to examine
need for more detailed regulation if you have a hypothesis etc
The purpose leads you to state certain research questions andor a
hypothesis Your essay should focus to answer these research questions
and nothing else Questions that can be answered yesno are not good
Examples of research questions
If you want to write a traditional and descriptive essay
rdquowhat doesshould rule x meanrdquo potential answers ABC
If you want to write a more critical and analytical essay
rdquowhat should one presume in order to believe rule x means
ABCrdquo This will help you to discover and discuss the
ideology and assumptions of an institutionrule
3 Description and analysis of relevant legal sources and rules
4 If available different views among scholars andor states on how to
deal with the problem
5 Your own analysis and view of the problem to be presented in the
section analysis and conclusions You should consider and discuss extra-
legal factors and critically reflect on the role of international criminal
justice
This should be reflected in your essay by using the following sections and headings
1 Problem
2 Purpose and research question(s)
3 Delimitations
4 Legal framework
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
22
5 Analysis
6 Conclusions
343 Length of the paper The paper should be 5-10 pages long (excluding front page table of contents and
bibliography) and pages should be numbered
Format
Size 12 Times New Roman font style
The text of the Memorial must be 15 spaced
Use footnotes for sources
Include the following headingscomponents 1) Introduction (Problem
purpose research question(s) limitations) 2) analysis 3) conclusions
Recommendation use 1-2 books or 3 articles
Regarding other formal requirements please consult ldquosection 53 in this document
which is available under course material It applies to all written assignments during
this course unless modified by our own instructions
344 Submission of the paper
It should be handed in on 3 January 2018 to sarafreemanjuridicumsuse
IMPORTANT PLEASE DO NOT FORGET TO WRITE YOUR CODE AND THE NAME
OF THE TOPIC AREA ON THE FIRST PAGE OF THE PAPER
We have adapted the assignment to the amount of time that you will have at your
disposal to work on it It is in any case advisable that you begin work on the paper as
soon as possible in order to meet the deadline Computer failures and short-term
illnesses are unfortunately all too common occurrences so be sure to take such risks
into account when planning your time
35 Written examination
The exam will have two parts
1 The first part will consist of five fact-oriented questions No books will be allowed
5 points
2 Two problem oriented questions (30 points)
Instructions for second part of the exam
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
23
All books and any other material are allowed (except cellular phones and computers
and other electronic devices)
The following standards apply regarding your answers for the questions
1 I will be influenced by how well your answer is organised on the micro-level as well
as on the macro- level
2 This is an exam in international international criminal law which indicates that legal
arguments should be used Always state your sources When referring to sources you
do not have to put down the full references but they should be identifiable Examples
rdquoArticle 12 of the Rome Statute provides thathelliprdquo Or rdquo the Lubanga case from the ICC is
an interesting example ofhelliprdquo
3 Time is scarce and it could be necessary that you try to identify the most pressing
issues to be dealt with first For a full point on the question it is not necessary that all
issues are dealt with in detail but I will take note of the identified issues and how you
have dealt with them
PREPARATION FOR THE FINAL EXAM
Students will be expected to answer questions on the final exam on the basis of the
following textsmaterials
1 Assigned readings of chapters or sections of ldquoAn Introduction to International
Criminal Law and Procedurerdquo
2 Texts ie law journal articles and the like that have been made available to
students in connection with certain lectures
3 PowerPointOverhead slides and the like that have been made available to
students in connection with certain lectures
4 Contact information
Head of course
Mark Klamberg
08 - 16 13 28
Room C817
markklambergjuridicumsuse
Course administrator
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse
24
Sara Freeman
08-16 25 75
Room C 898 (Reception hours Tuesdays and Thursdays 13-15)
sarafreemanjuridicumsuse